EU Laws and Institutions

European Legislation Identifier (ELI) Council conclusions inviting the introduction of the European Legislation Identifier (ELI) Legislation is widely available online and accessible in various digital formats. However, the way in which legal information is organised and classified varies across different legal systems. The conclusions address this issue by endorsing the European Legislation Identifier (ELI), an initiative to ensure that citizens and legal professionals get improved […]

Damages and legal action. A member state is liable in damages to individuals who suffer loss as a consequence of its infringement of European Community laws.  It must pay compensation in accordance with its domestic system of civil liability. This principle follows from the supremacy of European law and the practical necessity to give it effect.  It acts as a sanction against states who delay […]

General Principles of EU Law General principles of European law are unwritten rules used and applied in the interpretation of European Union law.  They involve principles of justice and principles designed to protect human rights.  They may fill gaps in law and make the law more coherent. General principles of community law derive from a number of sources. The EU treaties allow EU courts to […]

Treaties The European Union treatises are the constitution of the European Union and set out its powers and functions.  They are the primary source of law.  The Union must only act in accordance with the competences and powers provided for under the European Union Treaties. They are more than an international agreement.  They create an independent legal order with its own institutions, laws, and courts.  […]

Challenging Legality The EU treaty provides that the parties may claim in proceedings before the European courts that measures are invalid under the treaty for the reasons set out. The grounds for invalidity are as follows: lack of competence i.e. lack powers, infringement of essential procedural requirement, infringement of the treaty or rule of law, misuse of powers breach of the Charter of Fundamental Rights […]

Overview Community law becomes part of national law through a number of mechanisms. In some legal systems, international treaties can become part of domestic law through a process of ratification.  In other states, including Ireland international law does not become part of the domestic law until incorporated in by domestic legislation.  It binds the state only until this is done. The European Union treaties and […]

The Institutions of the European Union The European Union treaties establish so-called supra-national institutions.  These are independent bodies with their own legal identity with set powers and competences.  Within the areas in which the EU treaties give the EU institutions legal powers or competences, the European Union bodies make enforce and administer laws and their courts interpret the laws where necessary. As well as having […]

The Council The Council of the European Union or the Council is one of the most important bodies within the European Union.  The Council in conjunction with the European Parliament makes laws. The Council consists of a member of the government of each member state who has authority  to commit the government of that state.  The membership of the Council varies depending on the subject […]

The Composition of the European Union The European Union consists of 28 member state with nearly 500 million inhabitants.  Its member states account for over 30 percent of global output. The European Union has evolved progressively.  The original six members  (France, West Germany, Italy, Belgium, the Netherlands, and Luxembourg were joined by Ireland, the United Kingdom, and Denmark in 1973, Greece in 1980, Portugal and […]

Overview and Development The European Parliament was originally constituted as the Assembly of the European Community.  Its role has been progressively enhanced during the existence of the European Communities and the European Union.  Initially, its powers were consultative in nature.  The Single European Act introduced new legislative procedures, the so-called assent, and co-decision procedure. These procedures were further extended and enhanced under the Treaty of […]

Overview The law making bodies in the European Union are the Council and the European Parliament.  Originally the Council had complete law-making powers.  Over time, the Parliament\’s role has grown so that many decisions were made by both the Parliament and Council. Under the Lisbon Treaty, the co-decision procedure became the normal method of law making. The Council comprises the government representatives of each state.  […]

Preliminary Reference The Court of Justice has jurisdiction to give preliminary rulings on points of European Union law.  This covers matters of interpretation of the Treaties, EU legislation and measures by its institutions. Where a question is raised before any court or tribunal in a member state, it may refer the question of European Union law to the Court of Justice to give a ruling […]