EU law Flashcards
1
Q
What is the EU primary law?
A
- Highest and most authoritative source of law in the EU
- forms the foundation of the EU legal system and serves as the basis for all EU regulation
- has supremacy over all other forms of legislation in the EU and national law
- Binding to all member states and enforcable by the European court of Justice
Treaty of Rome, Treaty of Maastricht
2
Q
What is the EU secondary law?
A
- EU law derived from primary law (Treaties) and enacted by the EU institutions
- consists of different types (regulations, directives, decisions) with different legal effects and applications
3
Q
What are regulations in EU secondary law?
A
Regulations apply directly without an act of transposition on national level.
- have priority of application (national law is not applicable if it conflicts a regulation)
- Grants subjective rights to EU citizens (can be directly invoked infront of a judge)
4
Q
What are directives in EU secondary law?
A
Directives are rules directly addressed to the member states
- Member states are obliged to transpose directives into national law within a prescribed period
- descretion/freedom in how to transpose directives
5
Q
Which main international treaties exist and which organisation introduced them?
A
World Trade Organization (WTO)
GATT - General Agreement on Tariffs and Trade
GATS - General Agreement on Trade in Services
TRIPS - Trade-related Aspects of Intellectual Property Rights
