Sources of EU Law

Question 1

What are general principles of EU law?

Answer 1

They are implied rights, like in Constitutional law. They have been described as an EU-level mechanism for “clothing the nakedness of traditional lawmaking.”

Question 2

What can general principles be derived from?

Answer 2

1. EU Treaties
2. Legal systems of the Member States (doesn’t have to be found in every Member State - can just be a trend across several MS)
3. Treaties which the Member States have collaborated on or are signatories of (e.g. The EU Convention of Human Rights)

Question 3

What role do general principles play?

Answer 3

1, They fill in the gaps in written EU law.
2. They serve as an interpretive guide to written EU law.
3. They help control the actions of EU institutions.

Question 4

What article lays out the differences between regulations, directives, decisions, and recommendations/opinions?

Answer 4

TEU Art 288

Question 5

Do EU regulations require a reception mechanism in each member state?

Answer 5

No

Question 6

Do EU directives have to be addressed to all member states?

Answer 6

No - they can be addressed to a specific sub-group of member states

Question 7

Do EU directives contain a deadline for implementation?

Answer 7

Yes

Question 8

How is an EU decision different than an EU regulation?

Answer 8

They are similar, but decisions can target specific entities, like individual corporations (e.g. Apple tax dispute)

Question 9

What non-binding kinds of “soft law” can predict future binding law?

Answer 9

EU recommendations and opinions

Question 10

Can the ECJ re-classify an Act into a different category of law? (e.g. Make a decision a recommendation)

Answer 10

Yes

Question 11

Whare are three other sources of EU law besides those mentioned in Art 288?

Answer 11

1. Inter-institutional agreements
2. Subsidiary treaties (treaties made via acts of the Member States themselves)
3. Agreements with third party countries (countries outside of the EU). (e.g. The Geneva Convention)