Part 1: Introduction to European law
Structure of the EU Treaties
The rule of law
= 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.
The treaties (= Verdragen) lay down:
- The objectives of the European Union
- The rules for EU institutions
- How decisions are made and
- Relationship between the EU and its Member States
They have been amended:
- Each time new Member States have joined
- To reform European Union’s institutions and to give it new areas of responsibility
- Last amending treaty: Lisbon Treaty
Core treaties:
- Treaty on European Union
- Treaty on the Functioning of the European Union
Powers of the European Union and sources of EU law
Who takes the decisions?
European Parliament
- Represents: EU’s citizens
Consequence: Directly elected by them
European Council
- Consists: Heads of State or Government
- Defines: General political direction and priorities
Council: Represents the governments of the EU Member States
European Commission: Represents the interests of the EU as a whole
Types of legislations
1. Regulation
= A law that is applicable and binding in all Member States directly.
- Does not need to be passed into national law by the Member States
- National laws: May need to be changed to avoid conflicting with regulations
1
, 2. Directive
= A law that binds the Member States to achieve a particular objective.
- Must be transposed (= Omgezet) into national law to become effective
- Specifies the result to be achieved: The Member States individually decides how this is done
3. Decision
- Can be addressed:
o Member States
o Groups of people
o Individuals
- Binding
- Used, for example, to rule on proposed mergers between companies
4. Recommendations and opinions: Have no binding force
How is legislation passed?
Every European law:
- Based on a specific treaty article referred to as the ‘legal basis’ of the legislation
Consequence: This determines which legislative procedure must be followed
The treaty:
- Sets out the decision-making process
- Including:
o Commission proposals
o Successive readings by the Council and Parliament
o Opinions of the advisory bodies
- Lays down when:
o Unanimity is required
o A qualified majority is sufficient for the Council to adopt legislation
The great majority of EU legislation: Adopted using ordinary legislative procedure:
- The Parliament and the Council share legislative power
2
, 3
Structure of the EU Treaties
The rule of law
= 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.
The treaties (= Verdragen) lay down:
- The objectives of the European Union
- The rules for EU institutions
- How decisions are made and
- Relationship between the EU and its Member States
They have been amended:
- Each time new Member States have joined
- To reform European Union’s institutions and to give it new areas of responsibility
- Last amending treaty: Lisbon Treaty
Core treaties:
- Treaty on European Union
- Treaty on the Functioning of the European Union
Powers of the European Union and sources of EU law
Who takes the decisions?
European Parliament
- Represents: EU’s citizens
Consequence: Directly elected by them
European Council
- Consists: Heads of State or Government
- Defines: General political direction and priorities
Council: Represents the governments of the EU Member States
European Commission: Represents the interests of the EU as a whole
Types of legislations
1. Regulation
= A law that is applicable and binding in all Member States directly.
- Does not need to be passed into national law by the Member States
- National laws: May need to be changed to avoid conflicting with regulations
1
, 2. Directive
= A law that binds the Member States to achieve a particular objective.
- Must be transposed (= Omgezet) into national law to become effective
- Specifies the result to be achieved: The Member States individually decides how this is done
3. Decision
- Can be addressed:
o Member States
o Groups of people
o Individuals
- Binding
- Used, for example, to rule on proposed mergers between companies
4. Recommendations and opinions: Have no binding force
How is legislation passed?
Every European law:
- Based on a specific treaty article referred to as the ‘legal basis’ of the legislation
Consequence: This determines which legislative procedure must be followed
The treaty:
- Sets out the decision-making process
- Including:
o Commission proposals
o Successive readings by the Council and Parliament
o Opinions of the advisory bodies
- Lays down when:
o Unanimity is required
o A qualified majority is sufficient for the Council to adopt legislation
The great majority of EU legislation: Adopted using ordinary legislative procedure:
- The Parliament and the Council share legislative power
2
, 3
