Sources of EU Law Prof. dr. sc. Tamara Ćapeta Jean Monnet Chair

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Presentation transcript:

Sources of EU Law Prof. dr. sc. Tamara Ćapeta Jean Monnet Chair Faculty of Law, University of Zagreb 2015

Systematization of Sources of EU Law Primary Law (primarno pravo) Founding Treaties – TEU, TFEU (Osnivački ugovori -UEU; UFEU) General Principles of Law (Opća načela prava) Secondary Law (sekundarno pravo ) Acts of EU Institutions (Akti koje donose institucije EU) International Agreements (Međunarodni sporazumi) Case Law (Sudska praksa)

Secondary Law – what can EU decide about? Principle of Conferral (načelo dodijeljenih ovlasti) EU can decide only about the issues for which the member States empowered it; each act must have a legal basis in the Treaties Principle of Subsidiarity (načelo supsidijarnosti) In areas of shared competences Principle of Proportionality (načelo proporcionalnosti) Act should not be more restrictive from what is necessary for the achievement of regulatory goal

Legal Basis - Pravni temelj Treaty provision which confers power to the EU Determines the type of act, the type of legislative procedure and the role of institutions

Example: Article 46 TFEU “The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 45, in particular: (…)”

Legal Acts Legally Binding: Non-binding: Regulations (Uredbe) Directives (Direktive) Decisions (Odluke) Non-binding: Recommendations (Preporuke) Opinions (Mišljenja)

Difference Regulation/Directive Act of general application, binding in its entirety and directly applicable in Member States Purpose: unification of law Prohibition of its transposition into the sources of domestic law Obligation of publication in the OJ Preamble

Difference Regulation/Directive Directives Acts binding the Member States to which they are addressed as to the regulatory result, but leaving to States choice of form and methods of achieving such a result Purpose: harmonization of law Directives always require transposition into national law (even if they can have direct effects) Obligation of publication in the OJ Preamble

Učinci pravnih normi EU u državama članicama – izravni učinak i nadređenost Razlika : vertikalni i horizontalni izravni učinak (Vertical and Horizontal Direct Effect) Direktive mogu imati samo vertikalni izravni učinak Neke odredbe Ugovora (npr. Čl. 34. UFEU) također imaju samo vertikalni izravni učinak

Legal effect of EU legal norms in the Member States All EU legal norms can have direct effect, under certain conditions Difference vertical-horizontal direct effect All norms having direct effect prime over contrary national provisions All norms of EU law have interpretative effects