EU law

Question 1

What is the EU primary law?

Answer 1

• Highest and most authoritative source of law in the EU
• forms the foundation of the EU legal system and serves as the basis for all EU regulation
• has supremacy over all other forms of legislation in the EU and national law
• Binding to all member states and enforcable by the European court of Justice

Treaty of Rome, Treaty of Maastricht

Question 2

What is the EU secondary law?

Answer 2

• EU law derived from primary law (Treaties) and enacted by the EU institutions
• consists of different types (regulations, directives, decisions) with different legal effects and applications

Question 3

What are regulations in EU secondary law?

Answer 3

Regulations apply directly without an act of transposition on national level.

• have priority of application (national law is not applicable if it conflicts a regulation)
• Grants subjective rights to EU citizens (can be directly invoked infront of a judge)

Question 4

What are directives in EU secondary law?

Answer 4

Directives are rules directly addressed to the member states

• Member states are obliged to transpose directives into national law within a prescribed period
• descretion/freedom in how to transpose directives

Question 5

Which main international treaties exist and which organisation introduced them?

Answer 5

World Trade Organization (WTO)

GATT - General Agreement on Tariffs and Trade
GATS - General Agreement on Trade in Services
TRIPS - Trade-related Aspects of Intellectual Property Rights