Sources of EU Law
- Treaties between Member States (MS), e.g. TFEU and TEU (the foundational treaties
- Framework of the EU (particularly TFEU)
- European Charter of Fundamental Rights (legal effect created by the Treaty of Lisbon) - UK has secured a partial opt-out
- Article 288 TFEU stipulates Regulations are "binding in their entirety and directly applicable in all MS"
- Used to achieve uniformity
- Article 288 TFEU stipulates Directives "shall be binding, as to the result to be achieved, upon each MS to which it is addressed , but shall leave to the national authorities the choice of form and methods"
- Used to harmonise laws
- Require implementation
- MS have freedom but the implementation method must achieve the result envisaged by the Directive
- Deadline for implementation usually 2 years
- Develops legal principles e.g. EU law enforceable in MS Courts; VAN GEND EN LOOS; DEFRENNE V SABENA
- Agreement between EU and other countries
Recommendations and Opinions
- Not legally binding, just guidance
- Legally binding
- Usually addressed to someone
The Court of Justice of the European Union
See diagram below.
- 28 Judges in the ECJ who sit in 3/5/13s
- Purposive approach used
- Judges interpret secondary legislation in ways that will promote the aims of the EU, not frustrate them