EU Legal Order and Sources of Law

EU law directly grants rights to individuals which can be invoked before national and EU courts, regardless of whether national law provides a remedy.

Individuals can invoke EU law provisions against the state.

Individuals can invoke EU law provisions against other individuals.

Directives addressed to member states can be directly invoked against the state if they are sufficiently clear and precise, and the member state has failed to transpose them by the deadline.

Decisions may have direct effect if addressed to a specific member state and meet the criteria for direct effect.

National courts are the first to apply European laws. They are the 'ordinary judges' of EU laws.

Ensures that EU laws are supreme compared to national laws in case of conflict.

The highest court in the EU, reviewing the legality of EU institutions and ensuring member states comply with treaties.

A court within the EU system dealing with cases involving individuals, companies, and EU institutions.

One of the primary functions of the CJEU, interpreting EU laws at the request of national courts.

A type of case where a national court asks the CJEU for guidance on EU law interpretation or validity.

A type of case where a national government fails to comply with EU law. The European Commission or another EU country can initiate this.

A type of case where the CJEU can annul an EU act considered in breach of treaties or rights.

A type of case where individuals or companies can complain to the CJEU if EU institutions fail to make decisions.

A type of case where individuals or companies can sue the EU or its staff for damages caused by their actions or inaction.

The EU legal order is a distinct legal system with its own sources of law. It's based on treaties, general principles, and EU institutions' legal acts. The Court of Justice of the European Union (CJEU) plays a crucial role in interpreting and applying EU law.

The European Union (EU) Treaty (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the foundational documents of the EU legal order. They establish the EU institutions, their powers, and the core principles of EU law. Think of these as the 'constitution' of the EU.

General principles are unwritten rules that have evolved from case law and jurisprudence. They are fundamental values underlying EU law, ensuring fairness, consistency, and effectiveness.

The Treaty on European Union (TEU) establishes the principle of conferral, which limits the EU's power to only those areas specifically granted to it by the EU's member states. The EU can only act where powers are conferred upon it. Think of it as a 'permission slip' from member states.

The principle of hierarchy means that EU legal acts are ranked in order, with higher-ranking acts overriding lower-ranking acts. For example, a treaty provision would supersede a regulation.

EU law acts are legal instruments adopted by the EU institutions, such as regulations, directives, and decisions. Regulations have direct effect and are binding in their entirety, while directives require member states to implement them into their national laws.

The CJEU's rulings and judgments on EU law cases form a crucial source of EU law. They interpret EU law and provide guidance on its application. It is a binding precedent for all national courts in the EU member states and serves as a valuable source of legal interpretation.

A specific legislative procedure used in the EU where a regulation, directive, or decision is adopted based on provisions outlined in the Treaties.

Legal acts adopted by the EU using a legislative procedure. These acts can take the form of regulations, directives, or decisions.

A type of legislative act that allows the European Commission to adopt non-legislative acts to supplement existing legislative acts. The scope, duration, and conditions of this delegated power are specified in the original legislative act.

A type of non-legislative act that aims to implement EU legislative acts. Member States are required to take national measures to ensure proper implementation. The Commission or Council can be delegated the power to create uniform conditions for implementation.

A legal principle that establishes the supremacy of EU law over national law in cases of conflict.

A legal principle that holds EU member states liable for damages caused by breaches of EU law.

The ability of member states to regulate their own affairs without undue interference from the EU.

A condition for direct effect where a provision must be clear, precise, and unconditional.

Basic principles that guide the EU's actions, though not necessarily written down in treaties. They are found in the EU's constituent rules and are applied when interpreting legal problems.

EU laws that are directly applicable in all member states and are binding in their entirety. This means that individuals and businesses can directly rely on them in court.

EU laws that set out goals for member states to achieve, but leave it to each state to decide how to best implement them. They become binding once transposed into national law.

EU laws that are binding in their entirety and specific to the recipient. These can include individuals, businesses, or other EU institutions.

A key principle of EU law stating that EU citizens have fundamental rights that are protected and upheld by the EU. These rights are enshrined in the Treaty on European Union (TEU).

EU law that is jointly adopted by the European Parliament and the Council of the European Union based on a proposal from the European Commission. This process involves various stages of negotiation and voting.

EU law that primarily draws inspiration from international law, including both customary law and general principles.

Sources of EU law are the foundation for the EU's legal system. They include primary sources like treaties and secondary sources like regulations, directives, and decisions.

When interpreting EU law, the EU courts can rely on general principles of law developed across various legal systems and jurisdictions. These principles help to ensure consistency and fairness in EU law.