04Sources of EU Law

The foundation of EU law, shaping the relationship between various actors within the EU system.

Higher legal source in the EU, governing the powers of the Member States and the EU institutions.

Treaties can be used to create rights and obligations for individuals, not just institutions. Think of Van Gend en Loos case.

Treaties define the powers of EU institutions, enabling them to create legally binding acts.

Protocols, annexes, declarations, accession treaties and the Charter of Fundamental Rights are all tied to the core treaties.

The process of formally changing the treaties that govern the European Union.

The standard process for revising the EU Treaties. It involves a complex procedure with interinstitutional participation and requires the agreement of all member states.

A group of experts, representatives from different EU institutions and member states, convened during the ordinary revision procedure to draft proposed changes to the EU treaties.

A meeting of representatives from member states to finalize and agree on the revised versions of the EU treaties.

An alternative to convening a Convention during the ordinary revision procedure. It allows the European Council to immediately move to an intergovernmental conference.

The power to suggest changes to the treaties. It is held by the European Parliament, the European Commission, and each member state's government.

The final step in the treaty revision process. All member states must ratify the changes for them to come into effect.

The requirement for all member states to approve amendments to the EU treaties. If within two years only 4/5 of ratifications happen, the matter is referred to the European Council.

A simplified decision-making procedure used for amending EU internal policies within the Treaty on the Functioning of the European Union (TFEU).

This procedure cannot be used to expand or reduce the European Union's powers or areas of responsibility.

The European Parliament, the European Commission, or the government of a Member State can propose amendments to EU internal policies through this procedure.

Amendments proposed under this procedure are adopted by unanimous decision of the European Council. There are no conventions or conferences required.

Before an amendment is adopted, the European Parliament and the European Commission must be consulted. After adoption, all Member States must ratify the amendment for it to take effect.

A legal case, often referred to as the "Pringle" case, related to the use of the First Simplified Procedure to amend Article 136 of the TFEU.

A mechanism aimed at ensuring the stability of the Eurozone by providing financial support to Member States experiencing economic difficulties. It was introduced through an amendment to Article 136 of the TFEU.

This amendment to Article 136 gave the Council additional powers to address economic issues within the Eurozone, including the ability to adopt measures specific to eurozone members.

The ESM Treaty establishes a mechanism for financial stability in the Eurozone. It uses EU institutions like the Commission and ECB, but its validity isn't affected by this, as it's primarily enacted by member states.

The principle that any financial assistance provided by the European Stability Mechanism must be accompanied by strict conditions aimed at ensuring the stability of the euro area.

Part III of the Treaty on the Functioning of the EU (TFEU) outlines the internal policies of the EU. These policies focus on creating a unified market and regulating various areas like trade, employment, and environmental protection.

The concept that a financial policy action, even if it indirectly affects the euro's stability, is not equivalent to a monetary policy action.

The specific purpose of the European Stability Mechanism, focusing on protecting the stability of the entire euro area, rather than just maintaining price stability.

A common agricultural policy aims to ensure a consistent agricultural framework across the EU, promoting efficient farming and stable food markets.

The European Stability Mechanism's operation focuses on granting financial assistance and does not define itself as a monetary policy tool. This confirms it sits outside the traditional scope of monetary policy.

The EU's Common Fisheries Policy aims to ensure sustainable fishing practices and protect marine resources.

The European Stability Mechanism was established through an intergovernmental agreement between EU member states, a collective decision outside of the traditional EU treaty process.

The EU promotes social policies related to labor rights, employment, and social protection through the European Social Fund, the European Social Charter, and the Community Charter of the Fundamental Social Rights of Workers.

The EU's transport policy aims to promote a well-functioning and environmentally sustainable transport network across the EU.

The agreement on the European Stability Mechanism does not expand the European Union's competence, instead merely enabling the EU to operate within its existing legal framework.

The European Stability Mechanism ensures compliance with EU law by requiring the granting of financial assistance to be subject to strict conditionality.

The 'passerelle' procedure in the Lisbon Treaty offers a way to transition from unanimous to qualified majority voting in the Council and from special to ordinary legislative procedures.

The creation of the European Stability Mechanism does not give the European Union any new powers beyond what was already established in the Treaties.

This procedure requires a unanimous decision by the European Council and approval by the European Parliament.

A general principle of EU law that guides the interpretation and application of EU law, ensuring its effectiveness and utility. It requires courts to interpret EU law in a way that achieves its intended purpose.

A principle that prohibits discrimination based on nationality, gender, race, religion, or any other grounds. This principle ensures equal treatment and opportunities within the EU.

A principle that ensures a balanced distribution of power between EU institutions (e.g., the Commission, Parliament, Council). It prevents any single institution from gaining too much power and ensures democratic accountability.

A principle that requires measures taken by the EU to be proportional to the objectives they are intended to achieve. This means that the EU must not use excessive or unnecessary means to achieve its goals.

A principle that recognizes and respects the legal systems of Member States and encourages mutual trust between them. This principle promotes cooperation and harmonization of laws.

A fundamental principle that underscores the importance of upholding the rule of law within the EU, upholding the principles of legality, democracy, and judicial independence.

A principle that requires all actions taken by the EU to have a legal basis. This means that all actions must be authorized by a specific legal provision, such as the Treaty on the Functioning of the European Union.

A principle that ensures stability and predictability in the application of EU law. It ensures that individuals have certainty about their rights and obligations under EU law.