L15: Legal Sources of the EU Legal Order

How does the hierarchy of legal sources differ between international law and EU law?

International law has no strict hierarchy, while EU law has a structured hierarchy, with primary law above secondary law.

What is EU primary law?

It is the supreme source of EU law, mainly derived from the founding treaties, such as the Treaty of Rome and the Treaty of Maastricht.

What are the key components of EU primary law?

Founding treaties, amending treaties, accession treaties, protocols, supplementary agreements, and the Charter of Fundamental Rights (since the Treaty of Lisbon)

What are the limits to EU treaty revisions?

Revisions must respect EU fundamental values and cannot bypass legal bases established in the treaties.

What are the main types of EU secondary law under Article 288 TFEU?

Regulations, directives, decisions, recommendations, and opinions

What distinguishes a regulation from a directive?

Regulations are directly applicable in all Member States, while directives require transposition into national law.

What is a decision in EU secondary law?

A decision is binding in its entirety and can be addressed to specific entities or Member States.

What are the main characteristics of international legal sources?

International legal sources, such as conventions and customary laws, have no hierarchy and are not binding but carry legal value.

How does the EU treat international legal instruments?

The EU can conclude treaties as a subject of international law, but these instruments are based on EU primary law.

How does primary law relate to secondary law in the EU legal order?

Secondary law must be based on and consistent with EU primary law.

What is the significance of the Charter of Fundamental Rights?

Since the Treaty of Lisbon, the Charter has been part of EU primary law and serves as a legal framework for fundamental rights.

What is the simplified revision procedure?

It allows for amendments to Part Three of the Treaty on the Functioning of the EU by unanimous decision of the European Council without convening a convention.

Are there substantive limits to EU treaty revisions?

The respect for EU fundamental values and the identity of the EU legal order impose implicit substantive limits.

What are the key features of EU regulations?

Regulations have general application, are binding in their entirety, and are directly applicable in all Member States.

Do all EU regulations apply uniformly across Member States?

No, some regulations include opt-outs for certain Member States, such as Denmark or Ireland, in specific policy areas.

What happens if a Member State fails to transpose a directive?

The European Commission may initiate infringement proceedings, and individuals may rely on direct effect under certain conditions.

What is a unique feature of EU decisions?

Decisions may be addressed to specific entities or Member States and are binding only on those addressees.

Can decisions have direct effect?

Yes, decisions addressed to Member States can have direct effect if their provisions are clear, unconditional, and precise.

How does the ordinary revision procedure work in Art. 48 TEU?

The procedure must be submitted first to the Council, who decides if it gets submitted to the European Council. The European Council votes with the representatives of MS if the convention is accepted by EP.

When can the simplified revision procedure be used?

It can be used if the proposal is limited to Part III of TFEU and doesn’t increase EU’s competences.

How does the simplified revision procedure work?

The proposal gets submitted to the European Council, who decides by unanimity after consulting the EP and the Commission. The final decision is not up to the Member States

Who can submit a proposal of treaty revision?

The Member States governments, European Parliament, Commission are the main actors to amend treaties

Is it possible to bypass Art. 48 TFEU?

Parties may invoke clause 352 TFEU to adopt binding acts without any other legal basis