Kara Sears
The European Union (EU) is a supranational organisation with 27 member states. EU law operates within these member states and is based on treaties agreed upon by them. The EU can only pass laws in policy areas where member states have authorised it to do so via these treaties, and directives issued by the EU must be incorporated into the national legislation of member states. The EU cannot impose laws on non-member states, but it can issue recommendations and opinions to make its views known and suggest lines of action.
| Characteristics | Values |
|---|---|
| Number of member states | 27 |
| Basis of EU law | Treaties |
| Treaty ratification | Ratified by member states' parliaments, sometimes following a referendum |
| Treaty amendments | To welcome new member states, reform EU institutions, and give the EU new areas of responsibility |
| Types of EU law | Primary law (treaties) and secondary law (legislative and non-legislative acts) |
| Legislative acts | Regulations, directives, decisions, recommendations, and opinions |
| Directives | Must be incorporated into member states' national legislation by a specified deadline |
| Role of the Commission | Ensuring member states apply EU law correctly and taking steps if they do not |
| Enforcement | Infringement procedures, financial sanctions, and Court of Justice of the European Union |
| Trade | Free movement of goods, services, labour, and capital |
| Economic policies | Austerity and structural adjustment measures |
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What You'll Learn
The EU can only pass laws in certain areas
The European Union (EU) is a supranational organisation with 27 member states. EU law is a system of laws that operates within these member states. The EU can only pass laws in certain areas and only has the authority to do so when its member states have authorised it to act on their behalf. This is known as the principle of conferral.
The EU's laws are based on treaties negotiated and agreed upon by all member states and ratified by their parliaments. These treaties are the starting point for EU law and are considered primary law. Over time, the EU treaties have been amended to welcome new member states, reform EU institutions, and give the EU new areas of responsibility. The body of law that stems from the principles and objectives of these treaties is known as secondary law, and includes legislative and non-legislative acts. There are five types of legislative acts: regulations, directives, decisions, recommendations, and opinions. Directives, for example, must be incorporated by EU countries into their national legislation by a specified deadline.
The Commission is responsible for ensuring that all EU countries properly apply EU law and is referred to as the 'guardian of the treaties'. It provides support to member states by offering online information, organising expert group meetings, and drafting implementation strategies and guidance documents. If a member state fails to properly implement EU laws, the Commission may launch a formal infringement procedure. In some cases, the Commission may refer the case to the Court of Justice of the European Union and request financial sanctions be imposed on the member state in question.
The EU's laws are designed to break down barriers to trade and create rights to the free movement of goods, services, labour, and capital. This is intended to reduce consumer prices and raise living standards. The EU's laws also aim to promote peace, social justice, a social market economy with full employment, and environmental protection.
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EU directives must be incorporated into national legislation
The European Union (EU) can only pass laws in policy areas where its member states have authorised it to do so, via the EU treaties. This is known as the principle of conferral. Treaties are negotiated and agreed upon by all EU member states and ratified by their parliaments, sometimes following a referendum.
Directives are distinct from regulations or decisions because they leave national authorities the power to choose the form and methods to achieve the desired result. While regulations are directly applicable in member states after their entry into force, directives are not. Directives are also distinct from decisions because they have general application.
The process of translating an EU directive into national legislation is called transposition. Once a directive has been transposed into national legislation, individual rights may be asserted with respect to third parties and enforced in national courts. For example, the 2010 Directive on Parental Leave was transposed into UK law through the Parental Leave (EU Directive) Regulations, which came into force on 8 March 2013.
If a member state fails to properly implement EU laws, including directives, the Commission may launch a formal infringement procedure against that country. The Commission may eventually refer the case to the Court of Justice of the European Union.
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The Commission ensures the application of EU law
The European Union's executive body, the European Commission, is responsible for ensuring the application and enforcement of EU law across all member states. This includes the power to initiate legal proceedings against member states that fail to implement EU directives or breach the terms of the EU treaties. The Commission acts as a 'guardian of the treaties', safeguarding the smooth functioning of the EU's internal market and ensuring compliance with EU law.
One of the primary tasks of the Commission is to monitor the transposition of EU directives into national law. Directives are legislative acts that set out a goal that all member states must achieve, but it is up to each country to decide how to implement them. The Commission ensures that member states correctly transpose directives within the agreed timeframe. If a country fails to implement a directive accurately or in a timely manner, the Commission can start infringement procedures, which may ultimately result in financial penalties.
The Commission also plays a crucial role in interpreting EU law. When disputes arise over the meaning or application of EU law, the Commission provides clarifications and guidelines to ensure consistent interpretation across the EU. This interpretative power helps maintain legal certainty and uniformity in the application of EU legislation.
In addition, the Commission enforces EU competition and state aid rules. It investigates cases where companies may abuse their dominant market position or where member states provide illegal state aid to companies, distorting fair competition in the single market. The Commission can impose fines, block mergers, or order companies to change their practices to ensure compliance with EU competition law.
To ensure compliance with the EU's fundamental values and rule of law, the Commission also launched the Rule of Law Framework in 2014. This mechanism allows the Commission to address systemic threats to the rule of law in any member state, including issues such as judicial independence, corruption, and media freedom. The framework provides a structured process for dialogue and monitoring, with the aim of preventing breaches of the rule of law and protecting EU values.
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Infringement procedures for non-compliance
The European Commission is responsible for ensuring that all EU countries properly apply EU law. The Commission is referred to as the 'guardian of the treaties'. The EU can only pass laws in policy areas where member states have authorised it to do so via the EU treaties.
Directives must be incorporated by EU countries into their national legislation. Each directive contains a deadline for transposition by EU countries. If there is a delay in transposing EU law, citizens and businesses are prevented from enjoying the benefits of the law, and it negatively affects the functioning of the EU's internal market. The Commission checks whether these national transposition measures are complete. If they are not, the Commission opens an infringement procedure for 'non-communication'. The Commission may also initiate an infringement procedure in the case of incorrect transposition of directives.
If national authorities fail to properly implement EU laws, the Commission may launch a formal infringement procedure against the country in question. The Commission identifies possible infringements of EU law based on its own investigations or following complaints from citizens, businesses, or other stakeholders. The procedure follows a number of steps laid out in the EU treaties, each ending with a formal decision. The Commission sends a letter of formal notice requesting further information to the country concerned, which must send a detailed reply within a specified period, usually two months. If the issue is still not settled, the Commission may refer the case to the Court of Justice of the European Union, which can impose financial sanctions. These sanctions are calculated based on the importance of the rules breached and the impact of the infringement on general and particular interests.
If the court finds that a country has breached EU law, the national authorities must take action to comply with the Court judgment. If the country still doesn't rectify the situation, the Commission may refer the country back to the court and propose financial penalties, which can be either a lump sum or a daily payment.
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EU laws are created by legislative procedures
The ordinary legislative procedure, formerly known as the 'co-decision' procedure, is the process through which most EU policies are decided. It involves three readings, starting with a Commission proposal, where the Parliament must vote by a majority of all MEPs to block or suggest changes, and the Council must vote by qualified majority to approve changes but unanimously to block Commission amendments. If the institutions cannot agree, a "Conciliation Committee" is formed, representing MEPs, ministers, and the Commission, to work towards a joint text. This text is then sent back to the Parliament and Council for approval by absolute and qualified majority.
The five types of legislative acts resulting from these procedures include regulations, directives, decisions, recommendations, and opinions. Regulations are legal acts that are binding in their entirety and are directly and uniformly applicable to all EU member states as soon as they come into force, without needing to be transposed into national law. Directives, on the other hand, must be incorporated by EU countries into their national legislation within a specified deadline. Decisions are binding on those to whom they are addressed and are directly applicable to member states. Recommendations and opinions are non-binding and allow EU institutions to make statements or suggestions without imposing legal obligations.
The European Commission is responsible for ensuring that all EU countries properly apply EU law and can initiate infringement procedures if an EU country fails to incorporate a directive into its national law by the set deadline. The Commission may refer the case to the Court of Justice of the European Union, which interprets EU law and creates EU case law.
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Frequently asked questions
No, the EU cannot impose laws on non-member countries. EU law is a system of supranational laws that operate within its 27 member states. The EU can only act in areas where its member countries have authorised it to do so via EU treaties.
Yes, the EU can impose laws on its member countries. EU directives must be incorporated by member countries into their national legislation within a specified deadline.
If a member country fails to properly implement an EU law, the European Commission may launch a formal infringement procedure against the country. If the issue remains unresolved, the case may be referred to the Court of Justice of the European Union.
In certain areas, the EU has exclusive competence to pass laws, and member countries are limited to applying these laws. However, in most cases, the EU and its member countries share competence in passing laws. In such cases, member countries can also pass laws as long as the EU has not already proposed laws or decided that it will not.
