Anaya Nolan
The primary law of the European Union is derived from the founding treaties agreed upon by all member states and ratified by their parliaments. These treaties, such as the Treaty of Rome, Maastricht, Lisbon, and Nice, outline the distribution of competencies between the EU and its member states and provide the legal framework for policy formulation and implementation. The EU can only pass laws in areas where member states have authorised it to do so via these treaties, and the body of law derived from treaty principles is known as secondary law. This includes legislative acts like regulations, directives, and decisions, as well as non-legislative acts. The primary law of the EU also includes treaties between member states and those between the EU and third parties.
| Characteristics | Values |
|---|---|
| Primary sources | Founding (or constitutive) treaties, the treaties between member states, and the treaties between the EU and third parties |
| Secondary sources | Five types of legal acts: regulations, directives, decisions, opinions and recommendations |
| Secondary legislation | Published in the daily Official Journal (OJ), the official gazette of the European Union |
| Supplementary sources | Case-law of the Court of Justice of the EU (CJEU) and general legal principles |
| Treaties | ECSC Treaty 1951 (expired 2002), Euratom Treaty 1957, EEC Treaty 1957, Lisbon Treaty, Treaty of Nice, Treaty of Amsterdam, Treaty on European Union, Single European Act |
| Legislative acts | Decisions adopted following one of the legislative procedures set out in the EU treaties (ordinary or special legislative procedure) |
| Non-legislative acts | Implementing and delegated acts, such as those adopted by the Commission in pursuance of policy, which may involve so-called comitology committees |
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What You'll Learn
Founding treaties
The primary legislation of the EU is derived from the founding treaties. These are binding agreements between EU member countries that outline the EU's objectives, rules for its institutions, and the relationship between the EU and its member countries.
The founding treaties of the EU include the Treaty of Rome (which evolved into the Treaty of the Functioning of the European Union) and the Treaty of Maastricht (also called the Treaty on European Union). The Treaty of Maastricht amended the Treaty on European Union, which was originally established in 1992. The Treaty of Lisbon, signed in 2007, also amended the Treaty on European Union and the Treaty establishing the European Community.
Other important founding treaties include the ECSC Treaty 1951 (expired 2002), the Euratom Treaty 1957, and the EEC Treaty 1957. The Treaty establishing a constitution for Europe, signed in 2004, was never ratified.
The EU also inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration. The ECSC Treaty, the Euratom Treaty, and the EEC Treaty are examples of treaties established by the EC that contributed to the development of the EU.
The founding treaties have been amended or consolidated by subsequent treaties, reflecting changes in the name of the European Union and the evolution of its policies and objectives.
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Treaties between member states
The founding treaties of the EU include the Treaty of Rome (which evolved into the Treaty of the Functioning of the European Union) and the Treaty of Maastricht (also called the Treaty on European Union). The Treaty of Maastricht was amended by the Treaty of Lisbon in 2007. The Treaty of Lisbon was an attempt to replace the Treaty establishing a constitution for Europe (2004), which was signed but never ratified. The Lisbon Treaty aimed to reform the institutions so that the EU could function efficiently after reaching 25 member countries.
Other important founding treaties include the ECSC Treaty 1951 (expired 2002), the Euratom Treaty 1957, and the EEC Treaty 1957. The ECSC Treaty was established to create interdependence in coal and steel so that one country could no longer mobilise its armed forces without the others knowing, thus easing distrust and tensions after WWII.
In addition to founding treaties, the EU enters into numerous other treaties, such as the Schengen Treaty and Convention of 1985 and 1990, which were agreed upon by a subset of EU member states due to a lack of unanimity. These treaties were subsequently incorporated into EU law by the Amsterdam Treaty, with the remaining EU member states given an opt-out from implementing them. More recently, the finance ministers at the Eurogroup agreed to amend the treaties establishing the ESM and Single Resolution Fund, to be ratified in 2021 by all Eurozone member states.
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Treaties with third parties
The EU has entered into numerous treaties with third parties, in addition to its founding treaties. These treaties can be found in databases such as EUR-LEX and Westlaw. Examples of treaties with third parties include the Treaty of Rome (which evolved into the Treaty of the Functioning of the European Union) and the Treaty of Maastricht (also known as the Treaty on European Union).
The Treaty of Rome, analogous to a federal constitution, created the EU institutions and defined the EU's objectives. It has been amended over time, such as with the Treaty of Lisbon, which significantly altered the EU's two core treaties: the Rome Treaty and the Maastricht Treaty.
The Treaty of Maastricht, officially known as the Treaty on European Union, is another foundational treaty of the EU. It sets out the distribution of competencies between the EU and its member states and provides the legal context within which EU institutions formulate and implement policies.
In summary, treaties with third parties are an essential component of primary EU law, shaping the EU's relationships with non-member countries and organisations and contributing to the legal framework within which the EU operates.
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Secondary legislation
EU primary law is derived from the founding treaties agreed upon by all EU member states. These include the Treaty of Rome, the Treaty of Maastricht, the ECSC Treaty 1951, the Euratom Treaty 1957, and the EEC Treaty 1957.
Regulations are binding legal acts that are directly and uniformly applicable to all EU member states as soon as they come into force. Directives, on the other hand, are not directly applicable but rather establish goals that all member states must achieve within a specified timeframe. Decisions are binding on those to whom they are addressed, while recommendations and opinions are non-binding. Opinions allow EU institutions to make a statement without imposing any legal obligation.
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Supplementary sources
The supplementary sources of EU primary law are unwritten sources that are used by the Court of Justice of the European Union (CJEU) as rules of law when primary and secondary legislation do not settle an issue. They include the case-law of the CJEU, international law, and the general principles of law.
The CJEU interprets EU law and its judgments provide an official and legally binding interpretation of EU law. The CJEU also developed the fundamental doctrines of direct effect and primacy of EU law over the domestic laws of the Member States. The Court's case-law has allowed it to implement rules in different domains that are not mentioned in the treaties.
International law, including international agreements concluded by the EU and EU countries, is used by the CJEU when developing its case-law, provided that its rules apply to the EU and are not incompatible with the EU's structure. International agreements concluded by the EU are subordinate to primary legislation.
Fundamental rights, as per Article 6 of the Treaty on European Union (TEU), are a special category of source of law. Article 6(1) TEU recognises the Charter of Fundamental Rights of the European Union as having the same legal value as the Treaties. Article 6(3) TEU explicitly recognises "fundamental rights, as guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States" as general principles of EU law.
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Frequently asked questions
The primary sources of EU law are the founding (or constitutive) treaties, the treaties between Member States, and the treaties between the EU and third parties.
The founding treaties include the Treaty of Rome (which evolved into the Treaty of the Functioning of the European Union), the Treaty of Maastricht (also called the Treaty on European Union), the ECSC Treaty 1951, the Euratom Treaty 1957, and the EEC Treaty 1957.
The treaties between Member States include the Treaty of Lisbon, the Treaty of Nice, the Treaty of Amsterdam, the Single European Act, and the Treaty on European Union (amended by the Maastricht Treaty).
