Law of the European Union

Institutions of the EU

• The COUNCIL of the European Union

• The COMMISSION

• The European PARLIAMENT (AKA Assembly)

• The COURT of Justice of the EU (CJEU)

The COUNCIL of the European Union - Role / Function

• Principle decision maker

• The law and policy-making group

• Discusses proposals from the Commission, can enact initiate legislation and focus on issues of national concern for member states

The COMMISSION - Role / Function

• Driving force behind EU policy and law

• Proposes new law and ensures that Member States implement EU decisions / law effectively (aka as the guardian of the treaties)

The European PARLIAMENT (AKA Assembly) - Role / Function

• The voice of EU citizens

• The only directly elected body

• Debates proposals sent from the Commission

• In most areas of EU Law, Parliament must give its consent in order for a law to be passed (co-decision making)

The COURT of Justice of the EU (CJEU) - Role / Function

• To make sure that the treaties & EU law are interpreted and applied correctly and uniformly in all Member States

• To do this, it has both a judicial and a supervisory role. Final appeal court for EU member states BUT ONLY on issues of EU law.

Sources of EU Law

• Treaties

• Regulations

• Directives

Treaties

• Primary sources of EU law and have established the EU’s aims, institutions and legislative procedures (aka the Constitution of the EU).

• When a new member state joins the EU the Treaties automatically become part of their domestic law

• They are directly applicable and this means that individuals can rely on treaty provisions directly, whether against a private individual or the state

Treaty of Rome 1957, Lisbon Treaty

Regulations

• Binding in their entirety on each member state of the EU

• Creating legislative uniformity

• They automatically become part of domestic laws of a member state, without the need for incorporation into national law by their own law maker

• Generally for safety

Regulation 1612/68: free movement of workers between EU member states

Directives

• Main way in which EU law within member states are harmonised.

• Directives are made under powers contained in Art. 249.

• Member states are instructed to give effect to the provisions of a Directive by implementing a piece of domestic law with a certain time limit

Working time Directive 1993 (impact on employment law) = Maximum working hours, rest periods & paid holiday.