2. European Law - EU Sources of Law Flashcards
What are EU Sources of Law?
1) Treaties (primary law)
2) Secondary legislation
3) Case Law
4) General Principles of EU Law
The entire body of EU law is called… why?
“acquis communautaire” because all new Member States have to implement the acquis communautaire before entry (pre-accession strategy)
Case Law:
The decisions of the ECJ and other EU courts are binding on the Member States in the given case.
General Principles of EU Law:
- Equality
- Proportionality
- Legal Certainty
- Non-retroactivity
- Legitimate expectation
Equality:
It is a general principle of EU LAW: the principle of equality or non-discrimination permeates EU law and is
set out e.g. in Arts 8, 10, 19, 20 TFEU. It starts with the prohibition of discrimination on grounds of nationality (Art 18 TFEU) but now also covers gender, ethnic and racial discrimination etc. (Arts 8, 10 & 19 TFEU)
Proportionality:
It is a general principle of EU LAW: Actions taken or measures adopted, whether by MS or the EU, must not
go further than being necessary to achieve their objective, cf. Art 5(4) TEU
Legal Certainty:
It is a general principle of EU LAW. E. g.: The distinction between legal and illegal should be reasonably clear.
Non-retroactivity:
It is a general principle of EU LAW. E.g.: The law should not impose penalties retroactively.
Legitimate expectation:
It is a general principle of EU LAW. Laws and actions must not breach the legitimate expectations of those who are affected by them.
Common Market:
An area where goods, persons, services, and capital move freely without restrictions, also known as internal market.
> > cf. Art 26 TFEU: “The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaties.”
Ban:
A total restraint, blocking the import or export of particular goods altogether.
Customs duty:
a levy charged on goods by virtue of the fact that they cross a frontier.
Customs Union:
A free trade area, together with a system whereby a common level of duty is charged on goods entering the internal market from non-member countries (common customs tariff), cf. Art 28 TFEU
** No duties are charged within the EU
Free trade area:
An area within which customs and other trade restrictions between the member countries are prohibited
Quantitative restrictions:
Non-tariff barriers to trade that impose a limit on the quantity of goods that may be imported or exported, comprising quotas and bans. Note: QR include all measures having equivalent effect (cf. Art 34 TFEU).
