Secondary EU Law

Question 1

Secondary law (5) and what article

Answer 1

Art 288(1) TFEU 
Regulations
Directives
Decisions
Recommendations
Opinions

Question 2

Purpose of secondary law (2)

Answer 2

To build on treaties

Subordinate to primary sources

Question 3

What can you not do with secondary law (3)

Answer 3

Cannot amend
Repeal
Alter scope of treaties

Question 4

Regulations (3) and article

Answer 4

Art 288(2) TFEU 
Applies to all MS
No exceptions to application 
Directly applicable (no need for national implementing measures)

Question 5

Direct applicability of regulation (2 quotes and case)

Answer 5

Entry into force is “independent of any measure or reception into national law” 
Fratelli variola (1973) 
Is a “condition of the uniform application of regulations”

Question 6

Direct applicability of regulations case

Answer 6

Fratelli variola (1973)

Question 7

Directives (3) and article

Answer 7

Art 288(3) TFEU 
No general application 
Wording may be changed as long as result stays the same 
Not directly applicable: MS must implement but can choose method of doing so

Question 8

Directives must be implemented into national law…

Answer 8

By a set time usually 2 years

Question 9

Failure to properly implement directives can lead to (3) plus article for 1

Answer 9

Infringement proceedings by European Commission against MS under Art 258 TFEU
Direct/ indirect effect
State liability

Question 10

Decisions (2) and article

Answer 10

Art 288(4)
No general application; only named states/ parties 
No exceptions to application

Question 11

Non binding secondary legislation: soft law (1) and article

Answer 11

Art 288(5) TFEU 
Recommendations and opinions shall have no binding force

Question 12

What legal effects might soft law have (3) plus case

Answer 12

Provide guidelines in fields excluded from harmonisation
Adjust institutional expectations
Persuasive authority: Grimaldi (1989)