https://op.europa.eu/webpub/com/abc-of-eu-law/en/

Primary Sources of Law:

• CFEU: Charter of Fundamental Rights of the EU
• TEU: Treaty on EU
• TFEU: Treaty on the functioning of EU

Secondary Sources of Law:

• EU Regulations, Directives, Decisions → these are binding
• EU Recommendations, Opinions → these are non-binding

Regulations: decide goals and means

Union Nature

• Apply uniformly across all Member States
• Cannot be selectively applied or modified by a Member State
• Domestic law cannot override a regulation
• Regulations are binding

Applicability

• Do not require transposition into national law
• Automatically confer rights or impose obligations on EU citizens
• Binding on Member States, institutions, and courts just like national law

Directives:

Purpose

• Directives are key legislative instruments alongside regulations
• They balance uniformity of EU law with respect for national traditions and structures

Harmonisation, not Unification

• Aim to reduce conflicts and inconsistencies between national laws
• Help ensure similar material conditions across Member States
• Play a major role in developing the single market

Binding but Flexible Implementation

• Directives are binding on Member States regarding the objective
• National authorities decide how to incorporate them into domestic law
• Provide a milder form of legal intervention in economic and legal structures

Relation with Member States

1. Flexibility for Domestic Circumstances
   1. Directives allow Member States (MSs) to consider national conditions while implementing EU rules
   2. Directives do not supersede national laws but require MSs to align their laws with EU provisions
2. Two-Stage Law-making Process
   1. EU Level
      1. Directives set objectives to be achieved by specific MSs within a given timeframe
   2. National level
      1. MSs translate EU objectives into legal or administrative measures
      2. MSs have flexibility in implementation but must meet EU criteria to ensure compliance
      3. Legal clarity is required to allow EU citizens to invoke rights and obligations derived from directives

Decisions - binding only towards addressees, states or individuals clearly identified**:**

Categories of decisions:

• Specific decisions: Address particular individuals, states or entities → replace older individual case regulations
• General decisions: No specific addressees, used for broader regulation → include various instruments that do not regulate individual cases

EU Bodies’ Use of Decisions:

• The Council and Commission use specific decision for executive functions
  • impose obligations or confer rights on states, companies or individuals
  • function similarly to administrative decisions in Member States

Recommendations and Opinions

Neither recommendations nor opinions impose legal obligations → their significance is political and moral rather than legal

Recommendations - EU institutions make use of these to externalize goals that they deem advisable without imposing any legal obligation**:**

• EU institutions suggest actions to Member States or individuals

Opinions - Allow EU institutions to express their position in a non-binding way**:**

• Issued by EU institutions to assess situations or developments
• can prepare the way for legally binding acts or precede legal proceedings

ORDINARY LEGISLATIVE PROCEDURE

Direct effect and primacy

Direct Effect: This case established the doctrine of direct effect, meaning EU law can grant rights to individuals that national courts must uphold.

• EEC Treaty Impact:
  • The Treaty establishes a common market and affects individuals and entities within the EU, not just Member States.
  • It goes beyond a simple international agreement and creates direct obligations between parties.
• New Legal Order:
  • The European Community (EC) introduced a new legal system that limits the sovereign rights of Member States in certain areas.
  • This legal order applies to both Member States and individuals, making EU law directly effective within national legal systems.
• Doctrine of Direct Effect:
  • The case established that EU law can confer rights directly on individuals, which national courts must enforce.
  • A clear and unconditional prohibition in EU law is a negative obligation, meaning it applies without further action by states.
  • Even if Member States bear the obligation, their nationals can still benefit from it.
• Legal Protection for Individuals:
  • A restrictive interpretation barring individuals from taking action under EU law would remove their direct legal protection.
  • This reinforces the primacy and enforceability of EU law in national courts.

Primacy: These two cases reinforce the primacy of EU law, ensuring that it remains supreme over national laws and must be applied consistently across all Member States

• EU Law as a New Legal System:
• EU Law vs. National Law:
• Uniform Application of EU Law:
• Direct Applicability of EU Law:
• Overriding National Law: