EU Law: Intro to EU Law – Sui Generis

Introduction to EU Law

• EU as a sui generis entity: unique legal and constitutional structure distinct from other national and international bodies.

• Not a state under international law; non-sovereign organization created by member states.

EU's Structure and Function

• EU operates as an international organization with extensive reach (e.g., budget contributions).

• Main functions: regulation and coordination of policies (medicine, AI, etc.).

• Autonomous legal and institutional system; self-referential legal decisions.

Constitutional Framework

• Governed by the Treaty on European Union and Treaty on the Functioning of the European Union.

• Political leadership by European Council; legislative role shared with the Council and European Parliament.

• Commission: drafts, implements, and enforces EU law.

EU Competences and Policies

• Objectives guided by Treaty provisions (e.g., Internal Market, Freedom, Security, Justice).

• EU limited to actions specified by treaties; cannot act arbitrarily.

Internal Market

• Allows doing business across member states as if within a single economic area.

• Example: Company in Ireland can operate in Sweden seamlessly.

Judicial System

• EU has its own court system, interpreting laws and ensuring consistency in application across member states.

• Works in conjunction with national courts; promotes enforcement of EU law.

Direct Effect and Primacy

• EU acts can have direct effect, creating enforceable rights within national systems.

• EU law has primacy over conflicting national laws; national courts expected to disapply these rules.

Interdependence of Member States

• EU legal order built on mutual interdependence of member states, sharing common values (democracy, rule of law, human rights).