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Sources of EU law PRIMARY SOURCES - Founding Treaties

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Presentation on theme: "Sources of EU law PRIMARY SOURCES - Founding Treaties"— Presentation transcript:

1 Sources of EU law PRIMARY SOURCES - Founding Treaties
- General Principles of EU Law SECONDARY SOURCES - Legal acts enacted by EU institutions - International Agreements CASE-LAW OF THE CJEU

2 TYPES OF LEGAL ACTS OF EU INSTITUTIONS
Article 288 TFEU: Regulation (Uredbe) Directives (Direktive) Decisions (Odluke) Recommendations (Preporuke) Opinions (Mišljenja)

3 Differences between legal acts
Regulation Directive Decision Opinion/Recommendation adresees General public (adresees not specified) All Member States or just some Member States General public, Member States (all or some) or individuals Member States, Individuals Legally binding nature Legally binding in its entirety + direct effect Legally binding on MS + vertical direct effect Legally binding on its adresees Not binding

4 NEW SYSTEMATISATION OF ACTS : LEGISLATIVE AND NON-LEGISLATIVE ACTS
Leigislative Acts - Those adopted in the legislative procedure (ordinary or special) - Form: Regulation/Directive/Decision 2. Non-legislative Acts Delegated Legislative act delegates power to the Commission Form: delegated Regulation/Directive/Decision Implementing EU law is in principle implemented by Member States Exceptionally: Commission or Council may adopt implementing acts, if necessary for uniform implementation Form: implementing Regulation/Directive/Decision

5 Difference delegated/implementing acts
Main difference is in the control over Commission: In delegation, delegating body controls Commission’s powers In implementation, Member States control Commission through comitology procedure


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