Documentary holdings of the European Union law AL

Documentary holdings of the European Union Law 1. The treaties 2. International agreements 3. Secondary legislation 4. Consolidated legislation 5. Preparatory material 6. Case-law 7. Parliamentary questions

1. The treaties The treaties constitute the European Union’s ‘primary legislation’, which is comparable to constitutional law at national level. The treaties constitute the European Union’s ‘primary legislation’, which is comparable to constitutional law at national level. They thus lay down the fundamental features of the Union, in particular the responsibilities of the various actors in the decision-making process, the legislative procedure under the Community system and the powers conferred on them. They thus lay down the fundamental features of the Union, in particular the responsibilities of the various actors in the decision-making process, the legislative procedure under the Community system and the powers conferred on them. The treaties themselves are the subject of direct negotiations between the governments of the Member States, after which they have to be ratified in accordance with the procedures applying at national level (in principle by the national parliaments or by referendum). The treaties themselves are the subject of direct negotiations between the governments of the Member States, after which they have to be ratified in accordance with the procedures applying at national level (in principle by the national parliaments or by referendum).

The treaties - II Treaty establishing a Constitution for Europe Treaty establishing a Constitution for Europe Treaty establishing the European Community (EC Treaty) Treaty establishing the European Community (EC Treaty) Treaty on European Union (EU Treaty) Treaty on European Union (EU Treaty) Treaty establishing the European Atomic Energy Community Treaty establishing the European Atomic Energy Community Accession Treaties Accession Treaties Other treaties and protocols Other treaties and protocols –Treaty establishing the European Coal and Steel Community –Single European Act –Treaty of Amsterdam –Treaty of Nice –Other treaties and protocols are available in EUR-Lex for documentation purposes

2. International agreements International agreements are the second source of EU law, allowing the European Union to develop its economic, social and political relations with the rest of the world. International agreements are the second source of EU law, allowing the European Union to develop its economic, social and political relations with the rest of the world. These are always agreements concluded between subjects of international law (Member States or organisations) for the purpose of establishing cooperation at international level. These are always agreements concluded between subjects of international law (Member States or organisations) for the purpose of establishing cooperation at international level. Agreements concluded by the European Union under the first pillar are binding on the institutions of the Union and the Member States; those concluded by the Union under the second and third pillars are binding on the institutions but not always on the Member States. Agreements concluded by the European Union under the first pillar are binding on the institutions of the Union and the Member States; those concluded by the Union under the second and third pillars are binding on the institutions but not always on the Member States. The international agreements comprise two main types of agreement: The international agreements comprise two main types of agreement: –international agreements with third countries or international organisations, –agreements and conventions between the Member States.

3. Secondary legislation The ‘secondary legislation’ is the third major source of Community law after the treaties (primary legislation) and international agreements. It can be defined as the totality of the legislative instruments adopted by the European institutions pursuant to the provisions of the treaties. The ‘secondary legislation’ is the third major source of Community law after the treaties (primary legislation) and international agreements. It can be defined as the totality of the legislative instruments adopted by the European institutions pursuant to the provisions of the treaties. Secondary legislation comprises Secondary legislation comprises –the binding legal instruments (regulations, directives and decisions) and –non-binding instruments (resolutions, opinions) provided for in the EC Treaty, together with a whole series of other instruments such as the institutions’ internal regulations and Community action programmes. The legal instruments associated with the second and third pillars, which do not, strictly speaking, form part of secondary legislation since they continue to be governed by intergovernmental relations, have been included in this category for reasons of proper documentation. The legal instruments associated with the second and third pillars, which do not, strictly speaking, form part of secondary legislation since they continue to be governed by intergovernmental relations, have been included in this category for reasons of proper documentation.

3. Secondary legislation 3.1. Regulation Adopted by the Council in conjunction with the European Parliament or by the Commission alone, a regulation is a general measure that is binding in all its parts. Unlike directives which are addressed to the Member States, and decisions,which are for specified recipients, regulations are addressed to everyone. Adopted by the Council in conjunction with the European Parliament or by the Commission alone, a regulation is a general measure that is binding in all its parts. Unlike directives which are addressed to the Member States, and decisions,which are for specified recipients, regulations are addressed to everyone. A regulation is directly applicable, which means that it creates law which takes immediate effect in all the Member States in the same way as a national instrument, without any further action on the part of the national authorities. A regulation is directly applicable, which means that it creates law which takes immediate effect in all the Member States in the same way as a national instrument, without any further action on the part of the national authorities.

3. Secondary legislation 3.2. Directive Adopted by the Council in conjunction with the European Parliament or by the Commission alone, a directive is addressed to the Member States. Its main purpose is to align national legislation. Adopted by the Council in conjunction with the European Parliament or by the Commission alone, a directive is addressed to the Member States. Its main purpose is to align national legislation. A directive is binding on the Member States as to the result to be achieved but leaves them the choice of the form and method they adopt to realise the Community objectives within the framework of their internal legal order. A directive is binding on the Member States as to the result to be achieved but leaves them the choice of the form and method they adopt to realise the Community objectives within the framework of their internal legal order. If a directive has not been transposed into national legislation in a Member State, if it has been transposed incompletely or if there is a delay in transposing it, citizens can directly invoke the directive in question before the national courts. If a directive has not been transposed into national legislation in a Member State, if it has been transposed incompletely or if there is a delay in transposing it, citizens can directly invoke the directive in question before the national courts.

3. Secondary legislation 3.3. Decision Adopted either by the Council, by the Council in conjunction with the European Parliament or by the Commission, a decision is the instrument by which the Community institutions give a ruling on a particular matter. Adopted either by the Council, by the Council in conjunction with the European Parliament or by the Commission, a decision is the instrument by which the Community institutions give a ruling on a particular matter. By means of a decision, the institutions can require a Member State or a citizen of the Union to take or refrain from taking a particular action, or confer rights or impose obligations on a Member State or a citizen. By means of a decision, the institutions can require a Member State or a citizen of the Union to take or refrain from taking a particular action, or confer rights or impose obligations on a Member State or a citizen.

3. Secondary legislation 3.4. Other instruments Recommendation Recommendation –A recommendation allows the institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom it is addressed (the Member States, other institutions, or in certain cases the citizens of the Union). Opinion Opinion –An opinion is an instrument that allows the institutions to make a statement in a non-binding fashion, in other words without imposing any legal obligation on those to whom it is addressed. The aim is to set out an institution’s point of view on a question. Joint action (common foreign and security policy) Joint action (common foreign and security policy) Joint action (police and judicial cooperation in criminal matters) Joint action (police and judicial cooperation in criminal matters) Decision, framework decision and joint action (police and judicial cooperation in criminal matters) Decision, framework decision and joint action (police and judicial cooperation in criminal matters) Common position (common foreign and security policy and police and judicial cooperation in criminal matters) Common position (common foreign and security policy and police and judicial cooperation in criminal matters) International agreements (common foreign and security policy and police and judicial cooperation in criminal matters) International agreements (common foreign and security policy and police and judicial cooperation in criminal matters)

4. Consolidated legislation Consolidation consists of incorporating into a single text, with no official authenticity, a basic instrument (a Treaty or piece of Community legislation) and the amendments and corrections subsequently made to it. A consolidated version of the Treaty establishing the European Community is available in EUR-Lex. Consolidation consists of incorporating into a single text, with no official authenticity, a basic instrument (a Treaty or piece of Community legislation) and the amendments and corrections subsequently made to it. A consolidated version of the Treaty establishing the European Community is available in EUR-Lex. All the secondary legislation in force has been consolidated and can be consulted in EUR-Lex. These texts are intended to be used purely for documentation purposes, and the institutions do not accept any liability for their content. All the secondary legislation in force has been consolidated and can be consulted in EUR-Lex. These texts are intended to be used purely for documentation purposes, and the institutions do not accept any liability for their content. On the basis of consolidated texts, the Commission may undertake a legislative consolidation or recasting. Legislative consolidation consists of getting the consolidated text, with a certain amount of redrafting, adopted through a legislative procedure. The new text is then published in the Official Journal as a legislative instrument and becomes authentic. On the basis of consolidated texts, the Commission may undertake a legislative consolidation or recasting. Legislative consolidation consists of getting the consolidated text, with a certain amount of redrafting, adopted through a legislative procedure. The new text is then published in the Official Journal as a legislative instrument and becomes authentic. The Commission can also take the initiative of recasting a text where it considers it necessary to thoroughly overhaul the legislation in a particular field. In that case it launches a new legislative procedure. The Commission can also take the initiative of recasting a text where it considers it necessary to thoroughly overhaul the legislation in a particular field. In that case it launches a new legislative procedure.

5. Preparatory material Preparatory act Preparatory act –Legislative proposals and opinions from the Commission Member States’ initiative –Council common position –European Parliament’s legislative resolution Other documents from the institutions Other documents from the institutions –Commission communication White Papers, which contain a set of proposals for action by the Community in a particular field. They sometimes follow on from Green Papers, the purpose of which is to launch a consultation process at European level. If a White Paper is favourably received by the Council, it can lead, if appropriate, to an EU action programme in the field concerned. White Papers, which contain a set of proposals for action by the Community in a particular field. They sometimes follow on from Green Papers, the purpose of which is to launch a consultation process at European level. If a White Paper is favourably received by the Council, it can lead, if appropriate, to an EU action programme in the field concerned. Green Papers, which are intended to stimulate thinking and launch consultation at European level on a particular subject. The consultations resulting from a Green Paper can then lead to the publication of a White Paper that will propose a set of concrete measures for Community action. Green Papers, which are intended to stimulate thinking and launch consultation at European level on a particular subject. The consultations resulting from a Green Paper can then lead to the publication of a White Paper that will propose a set of concrete measures for Community action. –Report from the European Court of Auditors

6. Case-law Judgments Judgments –The Court of Justice and the Court of First Instance hand down judgments, which are decisions that conclude a litigation procedure. There is no appeal against judgments of the Court of Justice. An appeal against a judgment of the Court of First Instance can be brought before the Court of Justice. Opinions Opinions –The European Parliament, the Council, the Commission or a Member State can seek the opinion of the Court of Justice on whether an agreement between the Community and non- member countries or international organisations is compatible with the provisions of the EC Treaty. Orders Orders –The Court of Justice and the Court of First Instance issue orders in a variety of instances, as laid down in the Rules of Procedure, which fall broadly into three groups: instances during the investigation of a case (for example, acts ordering the preservation of evidence, or separating, joining or suspending cases); instances during the investigation of a case (for example, acts ordering the preservation of evidence, or separating, joining or suspending cases); instances where the Court takes a decision without considering the substance of the case (for example, in the event of manifest inadmissibility of the case or lack of jurisdiction); instances where the Court takes a decision without considering the substance of the case (for example, in the event of manifest inadmissibility of the case or lack of jurisdiction); instances where the Court takes a decision on the substance of the case; here, the orders are in fact simplified judgments that are used when the case is identical to others on which a judgment has already been handed down. instances where the Court takes a decision on the substance of the case; here, the orders are in fact simplified judgments that are used when the case is identical to others on which a judgment has already been handed down. –Orders can in principle be amended or revoked. Submissions of the advocates-general Submissions of the advocates-general –In these submissions the advocate-general proposes a solution to the dispute, but the submissions do not bind the judges. They are an integral part of the oral procedure and are published together with the judgment in the Court Reports.

7. Parliamentary questions Parliamentary questions represent a way for Members of Parliament to keep a check on the activities of the Commission and the Council. Each Member of Parliament can address to the Council and the Commission: Parliamentary questions represent a way for Members of Parliament to keep a check on the activities of the Commission and the Council. Each Member of Parliament can address to the Council and the Commission: –written questions (requesting a written reply), –oral questions (asked in the chamber) and –questions during Question Time (the period reserved for questions in each part-session of Parliament). These questions are a much-used means of keeping check. The written questions and the replies given are published in the Official Journal, C series. They are incorporated into EUR-Lex. These questions are a much-used means of keeping check. The written questions and the replies given are published in the Official Journal, C series. They are incorporated into EUR-Lex.