Law of the European Union

The Law of the European Union is a comprehensive legal framework that operates within the 27 member states of the European Union (EU). It has evolved significantly since the establishment of the European Coal and Steel Community in 1952, and its primary objectives include promoting peace, social justice, a social market economy with full employment, and environmental protection.

Constitutional Structure and Treaties

The constitutional basis of EU law is formed by the Treaties of the European Union, which are agreements made by its member states. These treaties are interpreted by the Court of Justice of the European Union (CJEU), which plays a pivotal role in ensuring uniform application and interpretation of EU law across all member countries.

Legal Acts and Legislative Procedures

EU law is characterized by several types of legal acts, each with distinct functions:

Regulations are directly applicable and enforceable in all member states without the need for national implementation.
Directives require member states to achieve certain results while allowing them the autonomy to decide how to implement these outcomes through national legislation.
Decisions are binding on those to whom they are addressed, such as specific individuals or companies, and often pertain to economic matters like mergers or pricing.
Recommendations and Opinions are non-binding instruments that suggest or express a position without imposing legal obligations.

The legislative procedure of the EU involves several key institutions, including the European Parliament, the Council of the European Union, and the European Commission, which is the only body authorized to propose new legislation.

The Principle of Primacy

A fundamental concept in EU law is the primacy of European Union law, also known as the supremacy principle. This principle asserts that EU law takes precedence over national laws of the member states in cases of conflict, ensuring consistency and uniformity across the Union.

Direct Effect

The doctrine of direct effect allows certain provisions of EU law to grant rights to individuals directly enforceable in national courts. This empowers citizens and businesses within the EU to invoke EU law in domestic legal proceedings.

Specific Areas of EU Law

Competition Law

European Union competition law is designed to maintain competition within the European Single Market by prohibiting anti-competitive agreements, abuse of dominant positions, and controlling mergers that could hinder competition.

Copyright Law

The Copyright law of the European Union is largely harmonized, though differences remain among member states. The EU has implemented various directives to ensure a consistent approach to copyright protection across its member countries.

Anti-Discrimination Law

The EU has implemented comprehensive anti-discrimination laws to promote equality and protect individuals from discrimination based on race, gender, age, disability, and other grounds. These laws are integral to the EU's commitment to fundamental rights and social justice.