Clear summary chart showing the different sources of EU law - including the different sources, the key points of each. Shows the effect on member states, how each source can be enforced, how and on whom the source is binding etc. Designed to be used during MCQ and open book exams, so you can access...
Charter of
EU's Primary Fundamental Rights
Sources of EU LAw Regulations Directives Decisions Case Law
Legislation
2000
Treaty on the Functioning of
Given formal recognition byt Article 288 TFEU authorises EU Very Important. SOmeof the
Primary Sources = EU treaties & the European Union (TFEU)
the Lisbon Treaty by insertion to undertake secondary acts. Another Secondary source of Another secondary source of most important legal pricniples
Charter of Fundamental Rights AKA legislation.
of a new article 6(2) into TEU They are legislative acts where legislation have derived from case law
The Lisbon Treaty they are adopted using a Article 288 of TFEU Article 288 of TFEU
legislative procedure (Article They are legislative acts where
289(3) TFEU) They are legislative acts where
they are adopted using a they are adopted using a
legislative procedure (Article legislative procedure (Article
289(3) TFEU 289(3) TFEU Majority verdict. NO
Treaty of European Union dissenting or separate
Article 6(!) TEU says Charter concurring judgments.
Secondary Sources and acts = (TEU) has same legal status as the
Regulations, directives & + = cooperative approach and
AKA: treaties = primary source of Article 288: A regulation shall
decisions avoids undermining by
the Maastricht Treaty. law. have general application. It
shall be binding in its entirety member states.
and directly applicable in all - = can lead to stilted
member states. A directive shall be binding, as A decision shall be binding in its judgments and occasionaly
to the result to be achieved, entirety. A decision which important aspects being
upon each member state to specifies those to whom it is ambiguous as based on
which it is addressed, but shall addressed shall be binding only comprimise between judges.
More limited in application
leave to the national on them.
than the treaties. Only
Case Law authorities the choice of form
regulates Member states when & Methods.
implementing EU law. Member states do not have to
enact their own legal measures Bnding on member states only
to implement it.
Commision may make a
No System of binding
decision that a company is in
precedent. courts rarely go
Can be used to Interpret EU breach of EU competition law
against their own level courts
law, determine lawfulness of and impose a fine on that
International Agreements Member states are required to or higher up courts precedents
EU's Acts company for example.
These are international implement directives by (but it has happened)
treaties) Does not provide independant enacting their own legal
source of competence for the measures to give effect to
EU. them in their national law.
Advocate generals operate in
Google : commison imposed Court of Justice.
fine of 4.34 billion Euros in Thier recomendation is
The deadline to enact them will 2018. Largest so far. advisory.
Non Binding Acts ('soft Law') Doesn't apply to member be set out in teh directive Have proven to be veru
states in domestic situations (usually 2 years) influential.
+ General priciples of EU Law that fall outside of EU law.
If not, deadline is 20 days after
publication of the directive
(Article 297 TFEU)
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