BPP Study Manual Chapter 3 - Sources of Law Flashcards
What are the primary sources of EU law?
The various treaties and amendments that formed the EU, as well as treaties signed between the EU and third parties.
What are the secondary sources of EU law?
measures like regulations, directives, decisions, recommendations and opinions
What gives EU instititions the power to make secondary legilations?
Article 288 TFEU
What are the characteristics of EU regulations?
- binding
- apply to all MS
- ‘directly applicable’ ie they become law instantly in each MS without any need for implementation - though not necessarily ‘directly effective’.
What are the characteristics of EU directives?
- applies to all MS
- binding as to the result that must be achieved
- not directly applicable. Each MS decides how to apply the law most effectively to achieve the specified result. Eg in the UK through Acts of Parl or statutory instruments
What are the characteristics of EU decisions?
- binding on their addressees only
- do not require further implementation by MS
- may be addressed to MS individually or collectively, or individuals/undertakings
- relatively uncommon
What are the characteristics of EU recommendations/opinions?
- not binding and not legal decisions or acts; “soft law”
- relatively uncommon
What article requires Union institutions to provide the reasoning for decisions?
Article 296 TFEU (2009)
What are the ‘general principles of EU law’?
the principles used by the CJEU to interpret EU law. CJ uses them to determine cases views them as underlying the application of EU law
How can the ‘general principles’ be used?
- aid to interpretation
- by MS and individuals to challenge Union action
- more rarely, to challenge a MS’s actions
- to support a claim for damages against the Union
Name the ‘general principles’
- equality
- legal certainty
- legitimate expectation
- the right to a hearing
- legal professional privilege
- proportionality
- human rights
What does the principle of legal certainty mean?
Union measures cannot generally be retroactive, though some can be retrospective in exceptional cases
What does the principle of legitimate expectation mean?
Union law must not violate the ‘legitimate expectation’ (ie the expectation of a reasonable man) of those affected by it.
What does the right to a hearing entail?
those perceptibly affected by a decision taken by a public authority have the right to have an opportunity to make their views known
What is the principle of proportionality?
any measure taken by the EU must be proportionate to and suitable for the purposes which are to be achieved.
In what case did the CJ accept that the protection of fundamental human rights was part of the general principles of EU law?
Stauder v City of Ulm [1969]
In what case did a German court state that they could declare EU laws inapplicable in Germany? What were the effects of this?
Solange I [1974].
Undermined EU law’s supremacy and encouraged the CJ to embrace HR law.
What EU treaty now incorporates a statement of Human Rights? What is the statement called?
Article 6 TOTEU 2009 (treaty of the european union).
EU Charter of Fundamental Rights
What are the three sources of EU law?
- primary sources (treaties and amendments)
- secondary sources (delegated legislation; regulations, etc)
- General principles of EU law.
