The European Union does not have a single, comprehensive constitution like many nation-states. Instead, the EU's legal framework is based on a series of treaties and agreements, including the Treaty on European Union and the Treaty on the Functioning of the European Union. These treaties contain fundamental principles that underpin the functioning of the EU.
Supremacy of EU law: This principle holds that EU law takes precedence over the national laws of EU member states. It is a cornerstone of the EU's legal order, ensuring uniformity and consistency in the application of EU rules across all member states.
Direct effect: Certain provisions of EU treaties and regulations have direct effect, meaning they can be relied upon by individuals and businesses in national courts. National courts are obliged to enforce these provisions, even if they conflict with national laws.
Indirect effect: This principle allows individuals to rely on EU law in national courts, even when the EU law itself may not be directly applicable to their case. Individuals may invoke EU law to challenge national laws or actions that violate EU principles or objectives.
Subsidiarity: Subsidiarity is the principle that decisions should be made at the most appropriate level of government, with the EU acting only when necessary. The EU should only take action if it can achieve objectives better than individual member states.
Proportionality: Proportionality requires that EU actions or regulations should not go beyond what is necessary to achieve their objectives. It ensures that EU measures are not overly burdensome on member states or their citizens.
Legal personality: The EU has legal personality, which means it can enter into agreements, sign treaties, and be a party in legal proceedings. This enables the EU to conduct international relations and negotiate trade agreements on behalf of its member states.
Four freedoms: The EU's single market is founded on the principle of free movement of goods, services, capital and people. This allows goods, services, capital, and people to move freely across EU borders, promoting economic integration and mobility.
Non-discrimination: The EU prohibits discrimination on various grounds, including nationality, race, gender, religion, and sexual orientation. This principle promotes equality and nondiscrimination within the EU.
Protection of fundamental rights: The EU is committed to upholding and protecting fundamental rights, as outlined in the Charter of Fundamental Rights of the European Union. These rights include human dignity, freedom, equality, and privacy.
Democratic governance: The EU is built on principles of democracy and representative governance. The European Parliament, composed of directly elected members, plays a central role in shaping EU legislation.
Rule of law: The rule of law is a fundamental principle that requires that all individuals and institutions, including government authorities, are subject to and accountable under the law. It ensures that decisions are made in accordance with legal procedures and safeguards.
Solidarity: Solidarity is a core value of the EU, emphasising cooperation and mutual support among member states. It is particularly important in areas such as regional development, social cohesion, and crisis response.
Environmental sustainability: The EU places a strong emphasis on environmental sustainability, with policies aimed at protecting the environment, combating climate change, and promoting sustainable development.
Peace and security: The EU was originally established to promote peace and stability in Europe after World War II. This remains a fundamental objective, and the EU engages in various foreign policy and security initiatives.
Single currency (Euro): For member states in the Eurozone, the adoption of the euro as a common currency is a fundamental economic principle, promoting economic integration and stability.
These principles, along with the treaties and agreements that establish the legal framework of the EU, guide the decision-making processes and actions of the EU institutions and member states. The EU continues to evolve, and its legal framework may be amended or expanded as new challenges and opportunities arise.
You can learn more about this topic with our EU Law notes.
