Primary and secondary sources of eu law

1. Primary and secondary
sources of EU law
By Dmytro Mykulo

2. European Union law
is a system of rules operating within the member states of the
European Union. Since the founding of the Coal and Steel Community
after World War II, the EU has developed to achieve peace and social
justice for its people and in the global community. The EU has political
institutions, social and economic policies, which transcend nation-
states for the purpose of cooperation and human development.
According to its Court of Justice the EU represents "a new legal order of
international law". The EU's legal foundations are the Treaty on
European Union and the Treaty on the Functioning of the European
Union, unanimously agreed by the governments of 28 member states.

3. The European Union has legal personality and as such its own legal
order which is separate from international law. Furthermore, EU law
has direct or indirect effect on the laws of its Member States and
becomes part of the legal system of each Member State. The
European Union is in itself a source of law. The legal order is usually
divided into primary legislation (the Treaties and general legal
principles), secondary legislation (based on the Treaties) and
supplementary law.

4. Sources and hierarchy of EU law
• Treaty on European Union (TEU); Treaty on the Functioning of the
European Union (TFEU); and their protocols (there are 37 protocols, 2
annexes and 65 declarations, which are attached to the treaties to fill
in details, without being incorporated into the full legal text);
• Charter of Fundamental Rights of the European Union;
• the Treaty Establishing the European Atomic Energy Community
(Euratom) is still in force as a separate treaty.
• international agreements;
• general principles of Union law;
• secondary legislation.

5. The Treaties and the general principles are at the top of the
hierarchy, and are known as primary legislation. Following the entry
into force of the Lisbon Treaty on 1 December 2009, the same value
was also given to the Charter of Fundamental Rights. International
agreements concluded by the European Union are subordinate to
primary legislation. Secondary legislation is the next level down in
the hierarchy and is valid only if it is consistent with the acts and
agreements which have precedence over it.

6. Sources of primary law
Primary sources, or primary law, come mainly from the founding
Treaties, namely the Treaty on the EU and the Treaty on the
Functioning of the EU. These Treaties set out the distribution of
competences between the Union and the Member States and
establishes the powers of the European institutions. They therefore
determine the legal framework within which the EU institutions
implement European policies.

7. Moreover, primary law also includes:
• the amending EU Treaties;
• the protocols annexed to the founding Treaties and to the
amending Treaties;
• the Treaties on new Member States’ accession to the EU.

8. Primary source
• Most significant source of EU law.
• All subsequent law must have a
legal basis derived from the
Treaties.
• (Must fulfil objectives of the
treaties.)
• Are the legal foundation of all EU
law.
• As European Law is not static, it
goes through periods of
significant transformation which
can be seen in the amendments
of treaties and creation of new
treaties.
Secondary Legislation
Directives
Decisions
Regulations
Recommendations &
Opinions
Follow up Treaties
Treat of Maastricht
Single European Act
Treaty of Brussels
Treaty of Amsterdam
Founding Treaties
Treaty of Rome
Treaty of Paris
Treaty on the Functioning of
the EU

9. Treaty for the functioning of the EU
PrinciplesPart 1
• Sets out the key principles and objectives
of the EU.
• Derived from the Treaty of Rome.
CitizenshipPart 2
• Key focus of EU is citizenship & rights that
bestows on citizens.
PoliciesPart 3
• Broken down into 24 titles.
• Major areas of substantive law such as
CFSP, CAP etc.
OverseasPart 4
• Deals with overseas relationships &
agreements.
External ActionPart 5
• Concerns external actions of the union.
Institutions & FinancesPart 6
• Concerns the common market, framework
of the institutions & their functions.

10. Secondary Source
• Governed by Article 288 which
gives definitions & scope of all
secondary legislation.
• The way in which union
principles and objectives
outlined in the Treaties are
furthered & evolved upon.
• Subordinate to the Treaties
• The scope & effect of each form
of legislation is how they differ
from one another.
To carry out tasks assigned by treaties.
That acts in strict accordance with the provisions of
the treaties.
For the fulfilment of the objectives of the treaties.
That acts within the statutory limitations of
Article 288.
Institutions may only enact legislation:

11. The various types of EU secondary legislation
• Regulations – are of general application, binding in their entirety and
directly applicable. They must be complied with fully by those to
whom they apply (private persons, Member States, Union
institutions). Regulations are directly applicable in all the Member
States as soon as they enter into force (on the date stipulated or,
failing this, on the twentieth day following their publication in the
Official Journal of the European Union) and do not need to be
transposed into national law

12. • Directives are binding, as to the result to be achieved, upon any or all
of the Member States to whom they are addressed, but leave to the
national authorities the choice of form and methods. National
legislators must adopt a transposing act or ‘national implementing
measure’ to transpose directives and bring national law into line with
their objectives
The various types of EU secondary legislation

13. • Decisions, recommendations and opinions. Decisions are binding in
their entirety. Where those to whom they are addressed are
stipulated (Member States, natural or legal persons), they are binding
only on them, and address situations specific to those Member States
or persons. An individual may invoke the rights conferred by a
decision addressed to a Member State only if that Member State has
adopted a transposing act. Decisions may be directly applicable on
the same basis as directives
The various types of EU secondary legislation

14. Thank you for attention