The legal system of the European Union (EU) is based on a combination of supranational and intergovernmental decision-making. At its core is a complex interplay of primary and secondary legislation, as well as the jurisprudence of the Court of Justice of the European Union (CJEU).
The legal system of the European Union represents a unique blend of supranational and intergovernmental elements, with a strong emphasis on the rule of law and the autonomy of EU legal order. This framework shapes the legal landscape within the EU and has a profound impact on the legal systems of its member States.
Supranational Elements
The EU possesses its own legal order, which is binding on the member States and their citizens. This is primarily established through the treaties, also known as the primary legislation, which serve as the foundation of EU law. The treaties assign competences to the EU for specific policy areas, and provide the legal basis for the adoption of secondary legislation.
Primary Legislation
The key treaties include the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). These treaties outline the objectives of the EU, its institutional framework, and the scope of its competences.
Secondary Legislation
The secondary legislation, comprising
regulations
1 – Regulations are legally binding rules issued by an authority, usually a government or regulatory body, to implement, interpret, or supplement statutes. They provide detailed provisions on how laws should be applied in practice and often have the same enforceability as statutes. Regulations are typically adopted by executive agencies rather than legislatures. Regulations should comply with laws that are higher in the normative hierarchy. In French, “regulations” can be translated as “réglementation” (referring to the general body of rules) or “règlements”(referring to specific regulatory texts). 2 – In the European Union, regulations are a type of binding legislative act that has direct effect in all Member States without the need for national implementation. Unlike directives, which require transposition into national law, EU regulations apply uniformly across the EU as soon as they enter into force. They are used to ensure legal harmonisation in areas such as competition law, consumer protection, data protection, and product standards.Regulations
The Role of the Court of Justice of the European Union
The CJEU plays a pivotal role in the development and application of EU law. It ensures the uniform interpretation and application of EU law across all member States. The CJEU also has the authority to review the legality of acts of the EU institutions and provide preliminary rulings on the interpretation of EU law.