EU law refers to the body of law that applies to the member states of the European Union. It is a unique legal system that governs the functioning of the EU and its member countries. EU law is comprised of treaties, regulations, directives, case law, and other legal instruments that shape the policies and operations of the EU.
The primary sources of EU law are the treaties that establish the European Union. These treaties, such as the Treaty on European Union and the Treaty on the Functioning of the European Union, lay down the legal framework and objectives of the EU, define its institutions, and allocate powers and competencies between the EU and its member states.
Regulations are another important source of EU law. They are binding legal acts that are directly applicable in all member states. Once a regulation is adopted by the EU, it becomes law in all member countries without the need for any additional national legislation. Regulations are designed to ensure uniform application of EU law and create a level playing field across the EU.
Directives are legal acts that set out certain goals and objectives which member states must achieve within a specified timeframe. Unlike regulations, directives do not have direct effect and require implementation through national legislation. Member states have the flexibility to choose the form and means of implementation, allowing them to adapt EU law to their specific legal systems and administrative structures.
Case law from the Court of Justice of the European Union (CJEU) plays a crucial role in shaping EU law. The CJEU interprets EU law and ensures its uniform application across member states. It consists of two main courts: the Court of Justice, which deals with requests for preliminary rulings from national courts and interprets EU law, and the General Court, which handles direct actions brought by individuals, companies, and member states against EU institutions and bodies.
EU law covers a wide range of areas, including trade, competition, agriculture, environment, consumer protection, employment, human rights, and more. It has a significant impact on the legal systems and policies of member states, as well as on individuals, businesses, and organisations operating within the EU.
The United Kingdom's withdrawal from the EU, commonly known as Brexit, has brought about changes in the application of EU law in the UK. While EU law no longer applies directly in the UK, certain aspects of EU law may still be retained or incorporated into domestic law through legislation and agreements.
You can learn more about this topic with our EU Law notes.
