[ EU & INTERNATIONAL LAW ]|
The law-making system of the European Union
Sources of law
There are three main sources of European Union law.
The primary law of European Union comes from founding treaties and subsequent amendments. This is the very basis of EU law and has direct impact on the lives of EU citizens. Primary laws are created by direct negotiations between governments of member states. Secondary law
Secondary laws have roots in primary law and are made to implement the treaties in different forms. The forms are explained in “Norms of the secondary legislation” –section. Supplementary law
Supplementary law consists of case law and international law mainly to fill the gaps left by primary and secondary law. The public international law and general principles are used as a basis for Court of Justice’s case law.
Interrelationship between primary legislation and secondary legislation
Primary legislation consists of the ground rules set for the European Union called treaties. Secondary legislations means regulations, directives and decisions that are made to implement primary legislations in practice.
Norms of the secondary legislation
Secondary legislations are divided into four different norms. Regulations
Regulations are in effect immediately and bind all member countries without a need for national implementations.
Directives are more like goals or objectives that members need to meet in certain time limit. Members of EU still have freedom to choose means how to implement directives into national legislation in order to meet the objectives. Decisions
Decisions are more precise legislations that bind only those who are addressed. The target might be one member, all members, an enterprise or an individual. Recommendations and opinions
These are literally only recommends are opinions and thou not binding,
The law-making triangle of the EU and their roles...