EU law

EU law
Name	European Union law
Legislature	European Union
Territorial extent	European Union
Status	Current

EU law. The legal system governing the European Union and its member states, it forms a unique supranational framework distinct from traditional international law. Its development is rooted in foundational treaties like the Treaty of Rome and the Treaty on European Union. This body of law creates rights and obligations that are directly applicable within the national legal orders of member states, enforced by both the Court of Justice of the European Union and national courts.

Sources of EU law

The primary sources are the founding and amending treaties, which function as the constitutional bedrock. Key instruments include the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights of the European Union, and the Treaty of Lisbon. Secondary legislation, derived from these treaties, comprises regulations, directives, and decisions adopted by the European Commission, the Council of the European Union, and the European Parliament. Additional sources include international agreements concluded by the European Union, such as those with the World Trade Organization, and the general principles of law developed by the Court of Justice of the European Union.

Principles of EU law

Core principles guide its interpretation and application. The principle of conferral dictates that the European Union acts only within the limits of competences conferred by member states. The principle of subsidiarity requires that action be taken at the European Union level only if objectives cannot be sufficiently achieved by member states. The principle of proportionality mandates that any action by the European Union must not exceed what is necessary. Other fundamental principles include legal certainty, sincere cooperation as outlined in Article 4 TEU, and the protection of fundamental rights.

Institutions and legislative procedures

The main institutions involved in the legislative process are the European Commission, which holds the right of initiative, the Council of the European Union, representing member states, and the European Parliament, representing citizens. The primary legislative procedure is the ordinary legislative procedure, established by the Treaty of Lisbon, which requires joint adoption by the European Parliament and the Council of the European Union. Other procedures include the special legislative procedure and the consent procedure, used for specific matters like the accession of new members under Article 49 TEU.

Legal order and supremacy

It constitutes an autonomous legal order integrated into the domestic systems of member states. The doctrine of supremacy of European Union law, established by the Court of Justice of the European Union in cases like Costa v ENEL, holds that valid European Union law takes precedence over conflicting national law. This principle ensures uniform application across the European Union, from Germany to Cyprus. The doctrine of direct effect, articulated in Van Gend en Loos, enables individuals to invoke certain European Union provisions before national courts, such as those in France or Poland.

Enforcement and judicial review

The Court of Justice of the European Union, comprising the Court of Justice and the General Court, ensures consistent interpretation and application. Key mechanisms include infringement proceedings initiated by the European Commission against member states, like Italy or Greece, for failing to fulfill obligations. Preliminary rulings under Article 267 TFEU allow national courts, from the Bundesverfassungsgericht to the Supreme Court of the United Kingdom, to seek guidance. Actions for annulment allow the Court of Justice to review the legality of acts by institutions like the European Central Bank.

Fundamental rights and citizenship

The protection of fundamental rights has evolved from general principles to codification in the Charter of Fundamental Rights of the European Union, given binding force by the Treaty of Lisbon. The European Union is committed to acceding to the European Convention on Human Rights. Citizenship of the European Union, established by the Treaty of Maastricht, grants rights such as free movement and residence across member states like Spain and Sweden, and the right to vote in European Parliament and municipal elections. These rights are enforced by national authorities and the Court of Justice of the European Union.

Category:European Union law