European Law
1. Structure of the EU treaties
The rule of law regarding EU treaties: every action taken by the EU is founded on treaties that have
been agreed by all EU countries and ratified by their parliaments or by referendum
Function of EU treaties:
- The treaties lay down
o The objectives of the European Union
o The rules for EU institutions
o How decisions are made
o Relationship between the EU and its member states
- Core treaties
o Treaty on European Union
o Treaty on the functioning of the European Union
EU treaties have been amended
- Each time new member states have joined
- To reform the European Union’s institutions and to give it new areas of responsibility
- Last amending treaty: Lisbon Treaty
2. Powers of the European Union / sources of EU law
Who makes decisions?
• Represents the EU’s citizens • Consists of the Heads of
• Directly elected state or Government
• Defines the general political
direction and priorities
European European
Parliament Council
European
Council Commissi
on
• Represents the • Represents the interests of
governments of the EU the EU as a whole
Member States
Which types of legislation are there?
- Regulation:
o Applicable and binding in all member states directly
o Does not need to be passed into national law by the member states
o National laws may need to be changed to avoid conflicting with the regulation
- Directive:
o Binds the member states to achieve a particular objective
o Must be transposed into national law to become effective
1
, o Specifies the result to be achieved: it is up to the member states individually to decide
how this is done
- Decision:
o Can be addressed to member states, groups of people or even individuals
o Binding in its entirety
o Used to rule on proposed mergers between companies
- Recommendation and opinions: have no binding force
How is legislation passed?
= every European law is based on a specific treaty article referred to as the ‘legal
basis’ of the legislation
Determines the legislative procedure to be followed
Sets out the decision-making process, including:
- Commission proposals
Treaty
- Successive readings by Council and Parliament
- Opinions of advisory bodies
Lays down:
- Whether unanimity is required
- When a majority is sufficient for the Council to adopt legislation
The ordinary legislative procedure:
2
1. Structure of the EU treaties
The rule of law regarding EU treaties: every action taken by the EU is founded on treaties that have
been agreed by all EU countries and ratified by their parliaments or by referendum
Function of EU treaties:
- The treaties lay down
o The objectives of the European Union
o The rules for EU institutions
o How decisions are made
o Relationship between the EU and its member states
- Core treaties
o Treaty on European Union
o Treaty on the functioning of the European Union
EU treaties have been amended
- Each time new member states have joined
- To reform the European Union’s institutions and to give it new areas of responsibility
- Last amending treaty: Lisbon Treaty
2. Powers of the European Union / sources of EU law
Who makes decisions?
• Represents the EU’s citizens • Consists of the Heads of
• Directly elected state or Government
• Defines the general political
direction and priorities
European European
Parliament Council
European
Council Commissi
on
• Represents the • Represents the interests of
governments of the EU the EU as a whole
Member States
Which types of legislation are there?
- Regulation:
o Applicable and binding in all member states directly
o Does not need to be passed into national law by the member states
o National laws may need to be changed to avoid conflicting with the regulation
- Directive:
o Binds the member states to achieve a particular objective
o Must be transposed into national law to become effective
1
, o Specifies the result to be achieved: it is up to the member states individually to decide
how this is done
- Decision:
o Can be addressed to member states, groups of people or even individuals
o Binding in its entirety
o Used to rule on proposed mergers between companies
- Recommendation and opinions: have no binding force
How is legislation passed?
= every European law is based on a specific treaty article referred to as the ‘legal
basis’ of the legislation
Determines the legislative procedure to be followed
Sets out the decision-making process, including:
- Commission proposals
Treaty
- Successive readings by Council and Parliament
- Opinions of advisory bodies
Lays down:
- Whether unanimity is required
- When a majority is sufficient for the Council to adopt legislation
The ordinary legislative procedure:
2
