Podcast
Questions and Answers
What are primary sources of EU law?
What are primary sources of EU law?
- Regulations established by member states
- Founding Treaties of the EU (correct)
- National laws of EU member states
- Common law principles
Which document is considered a primary source of EU law?
Which document is considered a primary source of EU law?
- Regulation of a member state
- Directive issued by the EU Commission
- Legislation enacted by the European Parliament
- Charter of Fundamental Rights of the EU (correct)
Which of the following is NOT a primary source of EU law?
Which of the following is NOT a primary source of EU law?
- Treaty on the Functioning of the European Union (TFEU)
- Protocols accompanying founding treaties
- Regulations from the European Court of Justice (correct)
- Founding Treaties of the EU
What do the Founding Treaties of the EU include?
What do the Founding Treaties of the EU include?
Which protocol addresses the application of the principles of subsidiarity and proportionality?
Which protocol addresses the application of the principles of subsidiarity and proportionality?
What principle emphasizes the autonomy of EU law from international public law?
What principle emphasizes the autonomy of EU law from international public law?
According to Article 216(2) TFEU, what is the status of international agreements concluded by the EU?
According to Article 216(2) TFEU, what is the status of international agreements concluded by the EU?
What must the EU respect according to Article 3(5) TEU?
What must the EU respect according to Article 3(5) TEU?
Which article of the TFEU addresses the compatibility of international agreements concluded by Member States before joining the EU?
Which article of the TFEU addresses the compatibility of international agreements concluded by Member States before joining the EU?
What does the judgment of the Court in Les Verts v European Parliament underscore about the European Community?
What does the judgment of the Court in Les Verts v European Parliament underscore about the European Community?
What must be clearly defined in legislative acts regarding the delegation of power?
What must be clearly defined in legislative acts regarding the delegation of power?
Which article of the TFEU states that Member States are responsible for implementing EU law?
Which article of the TFEU states that Member States are responsible for implementing EU law?
What is a key characteristic of the ordinary legislative procedure?
What is a key characteristic of the ordinary legislative procedure?
Which of the following is an example of a non-legislative act?
Which of the following is an example of a non-legislative act?
What distinguishes 'supplementing' from 'amending' in the context of EU legislation?
What distinguishes 'supplementing' from 'amending' in the context of EU legislation?
Which title of the TEU addresses the democratic principles within the EU?
Which title of the TEU addresses the democratic principles within the EU?
Which part of the TFEU deals with Union (Internal) Policies?
Which part of the TFEU deals with Union (Internal) Policies?
What is one perspective on the nature of primary law in the EU according to Robert Schütze?
What is one perspective on the nature of primary law in the EU according to Robert Schütze?
Which article of the TEU outlines the legal personality of the EU?
Which article of the TEU outlines the legal personality of the EU?
Which of the following is NOT a part of the structure of the TFEU?
Which of the following is NOT a part of the structure of the TFEU?
In which judgment did the CJEU express its position on the nature of primary law in the EU in 1986?
In which judgment did the CJEU express its position on the nature of primary law in the EU in 1986?
Which title of the TEU addresses Final Provisions?
Which title of the TEU addresses Final Provisions?
Which part of the TFEU is dedicated to Overseas Associations?
Which part of the TFEU is dedicated to Overseas Associations?
What is the function of delegated acts under Article 290(1) TFEU?
What is the function of delegated acts under Article 290(1) TFEU?
Which of the following does the Lisbon Treaty establish regarding secondary sources of EU law?
Which of the following does the Lisbon Treaty establish regarding secondary sources of EU law?
What is the main distinction between delegated acts and implementing acts according to Article 290(1) and Article 291(2) TFEU?
What is the main distinction between delegated acts and implementing acts according to Article 290(1) and Article 291(2) TFEU?
Which of the following is considered a binding instrument of secondary sources of EU law?
Which of the following is considered a binding instrument of secondary sources of EU law?
What is NOT a characteristic of implementing acts as per Article 291(2) TFEU?
What is NOT a characteristic of implementing acts as per Article 291(2) TFEU?
Which source of EU law includes non-binding instruments?
Which source of EU law includes non-binding instruments?
What distinguishes the types of secondary measures under the Lisbon Treaty?
What distinguishes the types of secondary measures under the Lisbon Treaty?
Which legal act is responsible for conferring powers to adopt measures within the regulatory framework in the EU?
Which legal act is responsible for conferring powers to adopt measures within the regulatory framework in the EU?
What is the role of delegated acts in EU law?
What is the role of delegated acts in EU law?
Which article of TFEU discusses the revocation of delegated acts?
Which article of TFEU discusses the revocation of delegated acts?
What mechanism does 'comitology' refer to?
What mechanism does 'comitology' refer to?
What is an examination procedure in the context of implementing acts?
What is an examination procedure in the context of implementing acts?
What does the Statement of Reasons in EU law serve to explain?
What does the Statement of Reasons in EU law serve to explain?
Which of the following describes 'neo-comitology'?
Which of the following describes 'neo-comitology'?
Which article of TFEU pertains to the signature, publication, and entry into force of EU acts?
Which article of TFEU pertains to the signature, publication, and entry into force of EU acts?
What legislative change did MEPs call for in 2017 regarding special legislative procedures?
What legislative change did MEPs call for in 2017 regarding special legislative procedures?
What does Title II of the TEU primarily focus on?
What does Title II of the TEU primarily focus on?
Which part of the TFEU addresses citizenship and non-discrimination?
Which part of the TFEU addresses citizenship and non-discrimination?
Which of the following perspectives regards EU primary law as providing a governance structure?
Which of the following perspectives regards EU primary law as providing a governance structure?
Which article of the TEU addresses the procedures for revising the Treaties?
Which article of the TEU addresses the procedures for revising the Treaties?
In which judgment did the CJEU affirm the concept of the EU's legal personality?
In which judgment did the CJEU affirm the concept of the EU's legal personality?
Which document serves as a foundational legal basis for the European Union?
Which document serves as a foundational legal basis for the European Union?
What additional documents accompany the Treaty on the Functioning of the European Union?
What additional documents accompany the Treaty on the Functioning of the European Union?
Which of the following is NOT classified as a primary source of EU law?
Which of the following is NOT classified as a primary source of EU law?
What is NOT typically included in the founding treaties of the EU?
What is NOT typically included in the founding treaties of the EU?
Which principle is established within the founding treaties of the EU?
Which principle is established within the founding treaties of the EU?
What signifies the functional and normative autonomy of EU law?
What signifies the functional and normative autonomy of EU law?
Which article of the TFEU relates to the binding nature of international agreements concluded by the EU?
Which article of the TFEU relates to the binding nature of international agreements concluded by the EU?
What does Article 351 TFEU state regarding international agreements prior to a Member State's EU accession?
What does Article 351 TFEU state regarding international agreements prior to a Member State's EU accession?
According to the Judgment of the Court in Kadi I, what is asserted about the European Economic Community?
According to the Judgment of the Court in Kadi I, what is asserted about the European Economic Community?
Which article specifies that the EU must respect international law?
Which article specifies that the EU must respect international law?
What is the main consequence of the principle of primacy of primary law over secondary law within the EU?
What is the main consequence of the principle of primacy of primary law over secondary law within the EU?
What does the Court of Justice of the EU's judgment in Poulsen emphasize regarding the EU?
What does the Court of Justice of the EU's judgment in Poulsen emphasize regarding the EU?
In the context of EU law, what limitation exists for international agreements made by Member States before joining the EU?
In the context of EU law, what limitation exists for international agreements made by Member States before joining the EU?
What type of acts is the Commission empowered to adopt when given delegated powers under Article 290(1) TFEU?
What type of acts is the Commission empowered to adopt when given delegated powers under Article 290(1) TFEU?
How does the Lisbon Treaty affect the hierarchy of secondary sources of EU law?
How does the Lisbon Treaty affect the hierarchy of secondary sources of EU law?
What is the primary difference between delegated acts and implementing acts as outlined in the content?
What is the primary difference between delegated acts and implementing acts as outlined in the content?
Which type of secondary sources of EU law requires Member States to adhere to non-legally binding guidelines?
Which type of secondary sources of EU law requires Member States to adhere to non-legally binding guidelines?
What role does the European Commission play regarding implementing acts under Article 291(2) TFEU?
What role does the European Commission play regarding implementing acts under Article 291(2) TFEU?
What must be explicitly defined in a legislative act granting delegated power according to Article 290(1) TFEU?
What must be explicitly defined in a legislative act granting delegated power according to Article 290(1) TFEU?
Flashcards
Primary EU law sources
Primary EU law sources
The core legal documents of the EU system, forming the basis of its operation.
Founding Treaties
Founding Treaties
The EU's initial treaties and any later amendments, defining the EU's structure and powers.
Charter of Fundamental Rights
Charter of Fundamental Rights
A document listing fundamental rights for EU citizens.
Treaty on European Union (TEU)
Treaty on European Union (TEU)
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Treaty on the Functioning of the European Union (TFEU)
Treaty on the Functioning of the European Union (TFEU)
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Primacy of Primary Law
Primacy of Primary Law
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EU's legal basis
EU's legal basis
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International Law's role in EU
International Law's role in EU
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EU Treaties and pre-existing Agreements
EU Treaties and pre-existing Agreements
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EU's respect for international law
EU's respect for international law
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EU Treaties
EU Treaties
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TEU
TEU
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TFEU
TFEU
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EU Constitution
EU Constitution
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CJEU Caselaw
CJEU Caselaw
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Fundamental Rights
Fundamental Rights
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Accession Treaties
Accession Treaties
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Primary Sources of EU Law
Primary Sources of EU Law
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Secondary EU Law
Secondary EU Law
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Delegated Act
Delegated Act
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Implementing Act
Implementing Act
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Legislative Act
Legislative Act
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Regulation
Regulation
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Directive
Directive
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Decision
Decision
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Lisbon Treaty
Lisbon Treaty
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Delegation of Power
Delegation of Power
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Supplementing vs. Amending
Supplementing vs. Amending
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QMV - Qualified Majority Voting
QMV - Qualified Majority Voting
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Ordinary Legislative Procedure
Ordinary Legislative Procedure
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Statement of Reasons
Statement of Reasons
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Signature, Publication & Entry into Force
Signature, Publication & Entry into Force
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The hierarchy of EU law norms
The hierarchy of EU law norms
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Treaty on the Functioning of the EU (TFEU)
Treaty on the Functioning of the EU (TFEU)
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Hierarchy of EU Law Norms
Hierarchy of EU Law Norms
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General Principles of EU Law
General Principles of EU Law
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TEU (Treaty on European Union)
TEU (Treaty on European Union)
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TFEU (Treaty on the Functioning of the EU)
TFEU (Treaty on the Functioning of the EU)
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EU Law's 'Constitutionality'?
EU Law's 'Constitutionality'?
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CJEU's Role
CJEU's Role
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Primary EU law
Primary EU law
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Secondary Sources of EU Law
Secondary Sources of EU Law
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Types of Binding Secondary Sources
Types of Binding Secondary Sources
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Study Notes
EU Law 1024 - Sources of EU Law
- Course outline covers primary and secondary sources of EU law, principles governing EU legislation adoption, methods for adopting, EU membership, and Brexit.
- Primary sources include Founding Treaties and their modifications, the Charter of fundamental rights of the EU, and general principles of EU law.
- Secondary sources include EU legal acts (legislative, delegated, and implementing acts) established by EU institutions, and international law.
- The Lisbon Treaty clarified the hierarchy of secondary sources, distinguishing between legislative and executive acts and establishing Delegated and Implementing Acts.
- EU law is based on the Treaties which establish the legal personality and structures of the Union, including its institutions and decision-making processes.
- The European Treaties and Acts complete or amend the founding Treaties.
- The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are foundational, along with their protocols and annexes.
- The Charter of Fundamental Rights is a significant document enshrining fundamental rights.
- General principles of EU law are developed through the case law of the Court of Justice of the EU (CJEU).
- The structure of the EU Treaties includes titles addressing common provisions, democratic principles, institutions, enhanced cooperation, external action, CFSP, and final provisions.
- The EU's hierarchy of law norms places Treaties at the top, followed by general principles of Union law, fundamental rights, international agreements, legislative acts, delegated acts, and implementing acts. EU law must respect international law.
- Implementing acts support the application of legislative acts, ensuring uniform conditions in member states and are controlled by comitology.
- The statement of reasons (Article 296 TFEU) mandates a text accompanying acts to clarify the reasoning behind them.
- The process of adoption, publication, and entry into force of secondary sources are governed by Article 297 TFEU.
- Delegated acts are adopted by the Commission to complement or amend non-essential elements of legislative acts, as detailed in the legislative act.
- Implementing acts further detail legislative acts to ensure uniform application throughout all member states.
- Ordinary legislative procedure and special legislative procedure are detailed methods governing EU legislative processes. The number of areas in which qualified majority voting is applied has increased over time.
- There are also specific non-legislative acts like delegated and implementing acts with accompanying control mechanisms (revocation, objection) and procedures like comitology and neo-comitology.
Primary Sources of EU Law (II)
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Founding Treaties and Treaties completing or amending them form the bedrock of EU law.
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The Treaty on European Union (TEU) outlines EU principles and institutions
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The Treaty on the Functioning of the European Union (TFEU) details EU policies, institutions, and procedures.
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Protocols and annexes further elaborate on specific areas of law within these Treaties
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Examples of Protocol topics include the application of subsidiary and proportionality, and others relating to the Constitution of Ireland.
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Declarations provide non-binding statements about EU objectives.
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EU is founded on these Treaties.
Primary Sources of EU Law (III)
- Treaty establishing the European Atomic Energy Community (Euratom)
- Accession Treaties
Primary Sources of EU Law (IV)
- Structure of the EU Treaties
- EU Treaties, imperfect “functional” division
- Titles within the TEU and TFEU (Common Provisions, Democratic Principles, Institutions, etc.)
Primary Sources of EU Law (V)
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Debated question: Is EU primary law constitutional law? Three perspectives exist: descriptive, formal, and liberal.
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Role of the CJEU in interpreting EU law: Court’s judgments clarify the nature of primary EU law, position of the CJEU.
Supplementary Sources of EU Law and International Law as a Source of EU Law
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The case law of the Court of Justice of the EU (CJEU) interprets, applies, and shapes EU law
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Principle of functional and normative autonomy of EU law from international public law
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International agreements concluded by the EU bind EU institutions and member states.
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Treaties/agreements concluded by member states before EU membership are not affected unless incompatible.
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Description
This quiz covers the primary and secondary sources of EU law, including the key treaties and legal acts. Explore the principles governing EU legislation adoption, the relationship between EU membership and its legal framework, and the impact of Brexit on EU law. Test your understanding of the Lisbon Treaty's role in clarifying the EU's legal structure.
