EU law

Question 1

Name primary sources of EU law.

Answer 1

Treaties: (Treaty on the Functioning of the European Union (TFEU) and The Treaty of European Union (TEU).
Charter of Fundamental Rights.

Question 2

Is the Charter of Fundamental Rights a Treaty? What is it?

Answer 2

Nope

• The Charter of Fundamental Rights was adopted in 2000 as an authoritative statement of fundamental rights within the European Union.
• It was given formal legal recognition by the Lisbon Treaty of 2007 through the insertion of a new article 6(2) into the TEU.
• Article 6(1) TEU provides that the Charter has the same legal status as the treaties. It is, therefore, a primary source of EU law.

Question 3

Name secondary sources of EU law.

Answer 3

Article 288 TFEU authorises the EU to undertake certain secondary acts.
Regulations
Directives
Decisions
Case law

Question 4

What does directly applicable mean?

Answer 4

• ‘directly applicable’ means that the regulation applies in the Member States without those Member States having to enact their own legal measures to implement or give effect to it

Question 5

What are Regulations?

Answer 5

• form of secondary legislation

- directly applicable

Question 6

What are directives?

Answer 6

• a form of secondary legislation
• member states are required to implement directives by enacting their own legal measures to incorporate or to give effect to them by a deadline
• typically it is two years but it will be specified
• if no deadline is specified it will be 20 days after the publication of the directive

Question 7

What are decisions?

Answer 7

• form of secondary legislation

- a decision will be considered to be secondary leg if it was adopted using a legislative procedure (art 289(3))

Question 8

How is Case Law set out and how is it an important area of EU law?

Answer 8

• further source of EU law
• decision of the court is reached by a majority and the court will deliver a single judgment
• no dissenting or separate concurring judgments
• co-operative approach
• no system of binding precedent so EU courts can depart from their own precedents and other courts precedents
• opinions of the Advocate General will form part of the case law (they make recommendations to the Court of Justice)

Question 9

What powers does the EU have in entering treaties?

Answer 9

• EU has a legal personality (art 47 TEU)

- They are empowered to enter themselves into international agreements (art 216(1) TFEU)

Question 10

What are the non-binding acts?

Answer 10

• soft law
• institutions of the European Union may also undertake acts which are not binding on anyone
• communications, declarations, notices, programmes and resolutions

Question 11

What are the general principles of EU law?

Answer 11

• certain overarching legal principles which apply generally across EU law.
• they are used to aid the interpretation of the more specific rules of EU law, to assess the lawfulness of the activities and secondary legislation of the European Union, and to determine the lawfulness of activities of the Member States.
• examples: sincere and loyal co-operation, equality and non-discrimination, respect for fundamental rights