Lecture 5 (legal instruments)

Question 1

What is the hierarchy of norms in the EU?

Answer 1

1. Treaties of the EU and Charter of fundamental rights of the EU.
2. General Principles of EU Law
3. Legislative acts (regulations, directions)
4. Non-legislative acts (delegating and implementing acts)
5. Non-binding legal acts

Question 2

What is the EU Charter of fundamental rights?

Answer 2

• a charter with the same legal value as the TEU, and TFEU.
• covers human rights (1st generation fundamental rights, 2nd,3rd generation rights)
• other legislation must comply with this.

Question 3

What are General principles of EU Law?

Answer 3

examples: proportionality, subsidarity, fundamental rights, legal certainty etc.
-treaty provisions are interpreted in light of these principles, but cannot strike down treaty provisions.
-creates more functional legal system.
HELPED BUILD system of judicial review.

Question 4

What are EU regulations?

Answer 4

-are entirely binding pieces of law.
-regulations become part of national legal systems without extra measures.

Question 5

What are directives?

Answer 5

-Directives are binding pieces of legislation, as in the goal that should be achieved with the legislation is binding, but member states can decide themselves how to implement this legislation.

Question 6

What are ‘Decisions’?

Answer 6

decisions are pieces of law that are bindin upon those that the piece of law is directed to (is targeted to specific group). – example sanctions.

Question 7

What are examples of soft law?

Answer 7

Policy guidelines, opinions, recommendations, wide variety of instruments…..

Question 8

What are non- legislative acts?

Answer 8

Non-legislative acts did not go through the formal legislative procedure.
-delegated acts
-implemented acts