Sources of EU Law Flashcards
Name the heirarchy of sources from highest to lowest
Primary law (treaties), General Principles AND international agreements, Secondary legislation, Case Law of CJEU, Soft law
How does primary law gain its legal force?
Political agreement between member states.
What are the three key treaties?
TEU, TFEU, Charter of Fundamental Rights.
How is the CFR different from the ECHR?
Broader - also includes commercial rights, for example.
Function of TEU?
Governance of EU institutions
Function of TFEU?
Sets out EU law areas of legislative competence, and main operational details.
Name the 5 types of EU legislation
Regulations, directives, decisions, recommendations, opinions.
Can EU legislation amend treaties?
No
Can EU legislation elaborate on treaty provisions?
Yes
Briefly state the facts of Fratelli, and the legal principle
Italian court asked CJEU if it could replicate regulations in national law. HELD - yes, but MS under a duty not to obstruct regulations, and direct applicability means regulations operate independent from domestic legislation.
What is the standard time limit of implementing directives?
Two years.
Which parties do decisions bind?
All, unless it specifies specific parties.
State the legal principle in Grimaldi
National courts are bound to at least consider recommendations and opinions, but are not bound to follow them.
What method of interpretation does CJEU use? Are MS courts allowed to re-interpret?
Teleological/purposive. And no, must follow CJEU’s interpretation.
Which parties do international agreements bind?
All MS and EU institutions.
