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TRAINING
EU Legal Explanation (1)
Author.
LCS
Source:
Post time:
2024-10-14
European Union law
European Union law is an independent legal system that operates in parallel with the domestic laws of each member state of the European Union, and is a system of rules that operates within the scope of EU member states. EU law has direct effect in the legal systems of EU member states and is superior to domestic law in many areas, especially in the areas covered by the Single Market (economic and social policies).
The legal basis of the European Union is the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), which have been unanimously agreed upon by the governments of 27 member states. The EU is based on the rule of law. This means that every action taken by the EU is based on treaties democratically ratified by its member states. EU law helps to achieve the goals of EU treaties and put EU policies into practice.
The European Commission (EC) has the power to initiate legislation, but the European Parliament (EP) and the Council of the European Union have the power to modify and veto legislation during the legislative process.
There are two main types of EU law - primary law and secondary law.
Primary law and secondary law
Every action taken by the EU is based on treaties (i.e. the EU can only legislate in areas authorized by EU treaties in its member states). Binding agreements between EU member states specify EU objectives, EU institutional rules, decision-making methods, and the relationship between the EU and its member states, rules for EU institutions, how decisions are made and the relationship between the EU and its members）。
The treaty is the starting point of EU law, known as the primary/primary/basic law in the EU.
The legal system derived from treaty principles and objectives is referred to as secondary law, mainly referring to five types of regulations/rules, directives, decisions, recommendations, and opinions, as well as agreements made between EU institutions to clarify their respective powers.
The main laws, regulations or treaties are the effective parts of the basic laws of the European Union, which are generated based on unanimous resolutions of all EU member state governments. These laws, regulations, or treaties establish the basic policies of the alliance, determine its institutional structure, legislative procedures, and powers. The treaties that constitute the main laws and regulations include:
Treaty Establishing the European Coal and Steel Community (1951 Paris Treaty)
Treaty Establishing the European Economic Community (1957 Rome Treaty)
Treaty Establishing the European Atomic Energy Community (1957 Rome Treaty)
The Treaty of Accession between Spain and Portugal (1985)
• Single European Act (1986)
• European Union Treaty (1992)
The Treaty of Accession between Austria, Sweden, and Finland (1994)
Merger Treaty (1965)
• Treaty of Accession between the United Kingdom, Ireland, and Denmark (1972)
The 1970 Budget Treaty
The 1975 Budget Treaty
The Treaty of Accession of Greece (1979)
Amsterdam Treaty (1997)
• Nice Treaty (2001)
• Accession Treaty of 2003 (2003)
• 2005 Accession Treaty (2005)
Lisbon Treaty (2009)
The appendices and protocols attached to these treaties are also recognized as one of the main sources of laws and regulations.
Legislative acts and non legislative acts
A legislative bill is a bill passed based on one of the legislative procedures stipulated in EU treaties, including the joint decision-making procedure, consent procedure, cooperation procedure, and consultation procedure.
Non legislative bills that do not follow these procedures can be passed by EU institutions based on specific rules.
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