1. SOURCES OF THE EUROPEAN COMMUNITY LAW

2. EUROPEAN UNION European Community Customs union Single market
Common Agricultural
policy
Structural
EMU
EURATOM
Police and
judicial
cooperation
in criminal
matters
Common
foreign and
security
COOPERATION PILLARS
COMMUNITY
PILLAR (EC)

3. SECONDARY LAW INTERNATIONAL AGREEMENTS COURT RULINGS
PRIMARY LAW
Treaty Establishing the European Community
Treaty Establishing the European Atomic Energy Community
Treaty Establishing the European Union
The supplementing or amending treaties
Access treaties of the Member States
SECONDARY LAW
Regulations
Directives
Decisions
Recommendations, opinions
INTERNATIONAL AGREEMENTS
COURT RULINGS

4. PRIMARY LAW SECONDARY LAW
Can be amended only by unanimous decision of the Member States
SECONDARY LAW
Derived from the primary law
Community institutions have been given legislative powers to fill the gaps in the primary law

5. Directly applicable law
COMMUNITY LAW
TREATIES
NATIONAL LAW
Regulations
Directives
Decisions
Directly applicable law
Modified from: Kivelä, H. – Nordell, R Yrittäjän oikeutta p. 16. Helsinki: WSOY

6. REGULATION
Normative act
Designed to apply to situations in the abstract
Becomes binding once published in the Official Journal
Becomes part of the national legal systems automatically without the need (or permit) for separate national legal measures

7. DIRECTIVE
Binding to the Member States imposing them a duty of implementation
Only after being implemented becomes effective law in the Member States
The method of implementation is left to the discretion of the national governments as long as the required result is achieved within the period laid down in the directive
Published in the Official Journal

8. DECISION
A decision is an individual act addressed to a specified person or group of persons
Binding on those to whom it is addressed after being notified to them
Often given by the Commission on basis of power delegated by the Council

9. RECOMMENDATIONS AND OPINIONS
Given by the Commission
Have no binding force
Must be taken into consideration by national courts when interpreting national law

10. AGREEMENTS WITH THIRD COUNTRIES
Agreements between the European Communities and third countries are binding to the Member States and thus part of the EC Law
JURISPRUDENCE OF THE EUROPEAN COURTS
The rulings and principles, even opinions provided by the European Court of Justice and the Court of First Instance are a fundamental source of the EC Law

11. EUROPEAN COMMUNITY LAW RELATED TO THE MEMBER STATES

12. SUPREMACY
By accession to the Community the Member States have transferred the jurisdiction to the Community
=> Community Law has supremacy over conflicting domestic law

13. DIRECT EFFECT
Individuals are allowed to rely on Community provisions before national courts in all of the Member States

14. The EEC was a `new legal order', and that
Case 26/62; [1963] CMLR 105, N.V. Algemene Transporten Expeditie Onderneming van Gend en Loos v. Nederlandse Administratie der Belastingen
An importer which had not paid a customs tariff, contrary to the national law of the Netherlands, sought to rely on Art. 12 (now Art. 25) of the EC Treaty, which generally prevented such tariffs between member states of the EEC, as a defence.
The company referred to the ECJ under what is now the Art. 234 procedure (brought a case before a Dutch tribunal).
The ECJ held that
The EEC was a `new legal order', and that
Treaty provisions should be given direct effect by national courts
”… independently of the legislation of Member States
Community law therefore not only imposes obligations on individuals
but is also intended to confer upon them rights which become part of
their legal heritage”

15. TO HAVE DIRECT EFFECT… The provisions must meet certain standards:
They must be clear, unconditional and precise and not subject to any further measures on the part of the Member State
=>
Treaty provisions, regulations and international agreements are directly effective
Directives only vertically, and if they meet the criteria
Decisions if they meet the criteria

16. SUBSIDIARITY
The Community shall take action only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States

17. EU Subsidiarity applies to the shared competence areas
EUROPEAN
COMMUNITY LAW
EU has exclusive competence:
Trade policy
Internal market
Agricultural policy
Fisheries policy
Transport policy
Rules of competition
Shared competence:
Industrial policy
Research policy
Asylum and immigration
Social and employment
policy
Consumer protection and
public health
Education policy
Subsidiarity applies to
the shared competence areas
of the 1st pillar

18. ESSENTIAL VALUES AND BASIC PRINCIPLES OF THE EU LAW

19. Principle of LOYALTY Member States shall
take all appropriate measures to ensure fulfilment of the obligations arising out of the EC Law
abstain from any measure which could jeopardise the attainment of the objectives of the Treaty
The loyalty principle is significant especially in areas where the Member States have not transferred total competence to the EU

20. LEGAL BASIS
The tasks entrusted to the Community shall be carried out by the European Parliament, Council, Commission, Court of Justice, Court of Auditors
Each institution shall act within the limits of the powers conferred upon it
The institutions may not misuse their powers or act if they lack competence
If they exceed their powers, actions against them can be carried on basis of nullity
Failure to act can cause an action on basis of omission

21. Discrimination is prohibited on grounds of
EQUALITY
Discrimination is prohibited on grounds of
Nationality
Sex
Racial or ethnic origin
Religion or belief
Disability
Age
Sexual orientation

22. LEGAL CERTAINTY
Retroactive legislation is not accepted since individuals must be able to know the prevailing provisions
Member States must guarantee the legal remedies to individuals to assert their rights based on the Community Law
The courts, tribunals and other authorities have a duty to give reasons and all necessary information to the persons concerned

23. FUNDAMENTAL RIGHTS
All the Member States of the EU are signatories to the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome in 1950
The Parliament, Council and Commission have issued in 1977 a joint declaration on fundamental rights

24. Principle of PROPORTIONALITY
Measures taken by the Community authorities may not be more than what is strictly necessary or proportionate to the aim that is being achieved

25. GOALS OF THE EU Economic progress Maintaining peace
Co-operation in security and defence
Unity and equality of the MS:s
Environmental protection

26. Has the European Union succeeded in pursuing its goals so far?