Sources of EU law Flashcards
(22 cards)
what are the primary sources of EU LAW
Treaties
what to member states have a right to do on the content of new treaties
veto it
give an example of a treaty
freedom of movement of workers
what are secondary sources in terms of EU law
> Regulations
directives
decisions
Recommendations and opinions
what is the relevant article in relation to secondary sources of EU law
Article 288 TFEU
what is a regulation
- a regulation is binding in its entirety and is directly applicable to all member states
before a regulation process starts what needs to be decided
what measure will be used
name the case relevant to regulations
Commission v Italy - Slaughtered Cows case -
what is the main difference between regulations and directives
REGULATIONS ARE BINDING UPON ALL MEMBER STATES DIRECTIVES DO NOT AUTOMATICALLY BECOME LAW IN ALL MEMBER STATES - THERE IS A DEGREE OF FLEXIBILITY AFFORDED TO THE MEMBER STATES
are directives directly applicable
directives are not directly applicable however the court of justice has ruled that certain provisions in exceptional circumstances within a directive may have a direct effect - this is from the FRANCOVISH CASE!
what is the main advantage of a directive
it is flexible the member state can implement its own mechanism and time as long as it meets the deadline
what is the distinctive feature of a decision
it is the only secondary source that can be addressed to an individual
who is a decision usually produced by
the Commission
is a decision binding
it is binding in its entirety to whom it is addressed
besides being able to address a decision to an individual who else can it be addressed to
Member states and private parties
what is the most common use of a decision
in competition law by the European Commission
are recommendations and opinions binding
NO
what case was recommendations of huge importance
GRIMALDI CASE
Why are secondary sources so important
they might be outdated
member states may not comply therefore by binding them they have to comply
can make member states safer
transparency
fitness for purpose
allows flexibility in time and adoption to allow the member state to adopt how they please
what are the main two legislative procedures
> Ordinary legislative procedure
> Special Legislative procedure
what is the ordinary legislative procedure
1- the European Parliament must see the proposed legislation
2- draft law has to be looked at twice
3- it can be accepted as it is, rejected or proposed to be changed
THIS IS THE MOST COMMON LEGISLATIVE PROCESS USED
What is the special legislative procedure
- replaces the former consultative, cooperation and assent procedures
the objective is to simplify the EU’s decision making process by making it clearer and more effective - THE TFEU does not give a precise description of special legislative procedures
