European Law

Fundamentals of European Law

Das European Law refers to the independent legal system of the European Union (EU) and the European Atomic Energy Community (EURATOM). It arises within the institutions of the EU and maintains a special relationship with the domestic legal systems of the Member States. European law comprises not only primary and secondary EU law, but also fundamental principles and the case law of the Court of Justice of the European Union (CJEU). It forms a supranational legal regime that is binding both for Member States and for their citizens.

Historical Development of European Law

The development of European law began with the founding of the European Communities in the 1950s. The most important founding treaties include the Treaty establishing the European Coal and Steel Community (ECSC, 1951), the Treaty establishing the European Economic Community (EEC Treaty, 1957), and the Treaty establishing EURATOM (1957). The current form of European law is primarily based on the Treaty of Maastricht (1992), the Treaty of Amsterdam (1997), the Treaty of Nice (2001), the Treaty of Lisbon (2007), and various supplementary and reform treaties.

Structure and Organization of European Law

Primary EU Law

Das Primary law forms the legal basis of the EU and essentially consists of the founding treaties and their amendments, protocols, and annexes. These include, among others:

• Treaty on European Union (TEU)
• Treaty on the Functioning of the European Union (TFEU)
• Charter of Fundamental Rights of the European Union

Primary law regulates the basic organization, the competences of the institutions and the procedures for EU lawmaking.

Secondary EU Law

Das Secondary law is derived from primary law and includes those legal acts adopted by EU institutions. The most important categories are:

• Regulations: They are directly applicable in every Member State and are binding in their entirety.
• Directives: They are binding for Member States as to the result to be achieved, but leave the choice of form and means of national implementation to the Member States.
• Decisions: They are binding in all their parts; when addressed to specific parties they apply only to those parties.
• Recommendations and Opinions: These are not binding on the addressees.

The Jurisprudence of the Court of Justice of the European Union

A central element in the European legal system is the case law of the Court of Justice of the European Union (CJEU). Its decisions significantly influence both the interpretation and further development of Union law, establishing binding precedents for national courts.

Relationship between European Law and National Law

Primacy and Direct Effect

European law exhibits two fundamental principles that define its relationship with the national law of Member States:

• Primacy: In case of conflict between Union law and national law, Union law prevails over national law. This means that conflicting national law is not applied.
• Direct Effect: Certain provisions of Union law can confer rights and obligations on individuals, which can be directly asserted before national courts.

Harmonization and Approximation

The EU possesses extensive competences for the harmonization of national provisions in fields such as the internal market, consumer protection, competition, environmental law, labour law, and the area of justice and home affairs.

Sources of European Law

Primary law

The most important sources of primary law are:

• Treaties of the European Union (TEU, TFEU)
• Charter of Fundamental Rights of the European Union
• Supplementary protocols and agreements

Secondary law

The legal acts of secondary law include:

• Regulations
• Directives
• Decisions
• Recommendations and opinions

Derived Law and Soft Law

In addition to traditional legal acts, so-called ‘soft law’ exists, such as guidelines, communications and recommendations, which are not legally binding but play a significant political and practical role in the enforcement and interpretation of European law.

Institutions of the European Union and Their Legislative Competences

European Parliament

The Parliament is fundamentally involved in the EU’s legislation and oversight. It participates equally in the adoption of legal acts under the ordinary legislative procedure together with the Council of the European Union.

Council of the European Union

The Council of the European Union, also called the Council of Ministers, is, together with the European Parliament, the central legislative body. It represents the governments of the Member States.

European Commission

The Commission holds the right of initiative for new legal acts, monitors the application of European law, and may take action against Member States in cases of treaty violations.

Court of Justice of the European Union

The CJEU ensures the uniform interpretation and application of Union law and decides, for example, in infringement proceedings and preliminary ruling procedures.

Fields of Application of European Law

European law extends to numerous policy fields:

• Internal Market and Customs Union: Regulations on the free movement of goods, services, capital, and persons.
• Competition Law: Provisions for the protection of competition within the internal market.
• Consumer Protection: Harmonization of consumer protection law in the Member States.
• Environmental Law: Numerous directives and regulations relating to environmental policy.
• Social Law and Labour Law: Development of a common minimum standard.
• Common Foreign and Security Policy (CFSP): Coordination of foreign policy measures.
• Justice and Home Affairs: Regulations for cooperation in the area of internal security, asylum and migration.

Enforcement and Oversight of European Law

Infringement Proceedings

The Commission may initiate infringement proceedings against a Member State if it violates Union law. The CJEU makes binding decisions in such proceedings.

Preliminary Ruling Procedure

National courts may submit questions to the CJEU regarding the interpretation of Union law in the framework of a preliminary ruling procedure. These proceedings guarantee the uniform application of Union law in all Member States.

Sanctions and Penalty Payments

In case of continued breaches of law, the CJEU may impose financial sanctions and penalty payments on Member States.

Significance of European Law

European law increasingly shapes the national legal systems of the Member States. It ensures the realization of the Union’s common political, economic, and social objectives. The supranational legal order creates continuous integration, which is especially advanced through the case law of the Court of Justice of the European Union.

Literature and Further Information

* Treaty on European Union (TEU)
* Treaty on the Functioning of the European Union (TFEU)
* Charter of Fundamental Rights of the European Union
* Website of the Court of Justice of the European Union (CJEU)
* Publications Office of the European Union: EUR-Lex (Access to EU Law)

Note: This article provides a comprehensive overview of European law, its core structure, and the main legal sources and areas of application.

Frequently Asked Questions

What role does the Court of Justice of the European Union (CJEU) play in the legal system of the European Union?

The Court of Justice of the European Union (CJEU), based in Luxembourg, is the supreme judicial authority of the European Union. Its primary task is to ensure the uniform interpretation and application of EU law in all Member States. To this end, the CJEU may be called upon by various actors, including national courts (via the preliminary ruling procedure under Article 267 TFEU), EU institutions, and Member States themselves. The preliminary ruling procedure is a key mechanism to prevent divergent interpretations of EU law by national courts. The CJEU also decides on infringement actions against Member States, actions for annulment against acts of EU institutions, and actions for failure to act. The judgments of the CJEU are binding on national courts and EU institutions. Thus, the CJEU ensures the coherence, effectiveness, and primacy of Union law over national law.

What is meant by the principle of primacy of EU law?

The principle of primacy (also: supremacy of Union law) means that the law of the European Union generally takes precedence over the law of the Member States in the event of a conflict between national law and Union law. This applies regardless of the rank of the national law, that is, even over constitutional law, as long as the core area of national identity is not affected. The principle was developed primarily by the CJEU (e.g., “Costa/ENEL”, Case 6/64) and ensures the uniform and effective enforcement of EU law. National courts are obliged, in the event of a conflict, not to apply national law and, instead, to apply Union law. However, it is not a formal, but a material rule of precedence, since national law is not annulled, but only set aside in the specific case.

How does the preliminary ruling procedure under Article 267 TFEU work?

The preliminary ruling procedure is a key instrument for cooperation between the Court of Justice of the European Union and national courts. If, during national court proceedings, a question arises as to how a provision of EU law should be interpreted or assessed, the national court may, or must, refer the question to the CJEU. Highest national courts are obliged to make a reference if the question is relevant to the decision and has not yet been clarified by a higher court. The procedure aims to ensure that EU law is interpreted uniformly in all Member States. The CJEU answers only the legal question referred to it, but does not rule on the national dispute itself. The answer is binding on the referring court, but in practice also for all other courts within the EU.

What is the relationship between EU law and the national constitutions of the Member States?

The relationship between EU law and national constitutions is complex and remains the subject of intense academic and judicial debate. While the CJEU advocates the unconditional primacy of EU law, many national constitutional courts—such as the German Federal Constitutional Court or the French Conseil Constitutionnel—emphasize that their own constitutions, in particular core principles and identity, can set limits to Union law. Cases such as ”Solange I/II” in Germany or the ”Lisbon Judgment” demonstrate that national courts reserve the right to review fundamental constitutional principles for protection. In practice, however, there is extensive cooperation between the CJEU and national courts, and only serious infringements of national constitutional identity may lead to the non-application of EU law.

How are European directives and regulations implemented and applied in Member States?

EU regulations (Art. 288 TFEU) are directly applicable and fully binding in all Member States, without the need for further national implementation. Member States and national courts must apply regulations as domestic law, thereby directly creating rights and obligations for individuals and companies. Directives, on the other hand, are only binding as to the objective to be achieved and leave the choice of form and means to the Member States. Directives include a deadline by which Member States must achieve the directive’s objectives through national implementing law. If implementation is deficient or delayed, directives may, under certain conditions (direct effect if sufficiently precise and the implementation period has expired), still confer individual rights.

What significance does the case law of the CJEU have for the development of EU law?

The case law of the Court of Justice of the European Union is of paramount importance for the creation, development, and harmonization of EU law. Many fundamental principles, such as the primacy and direct effect of Union law, have been developed primarily by the CJEU. Its judgments are precedential for the interpretation and application of both secondary and primary Union law in all Member States. Furthermore, the CJEU clarifies and specifies open legal concepts, fills gaps, and contributes to the harmonization of national legal practice. Particularly through the preliminary ruling procedure, it can directly influence national judicial proceedings and thereby foster the integration of the European legal area. The significance of its decisions goes far beyond the individual case and shapes the development of the entire European legal framework.

How are infringements of EU law sanctioned?

Violations of EU law can be sanctioned through various mechanisms. The European Commission acts as the “guardian of the treaties” and may, in the event of suspected infringements (such as incorrect implementation of directives, disregard of regulations, or acts of discrimination), initiate formal infringement proceedings under Articles 258 et seq. TFEU against a Member State. The Member State concerned is first given the opportunity to respond. If the violation persists, the Commission may refer the case to the CJEU. The CJEU can find against the Member State and, in case of repeat offenses, also impose penalty payments. Additionally, direct actions by individuals against EU institutions (e.g., actions for annulment) are possible, and under certain conditions, individuals can rely directly on EU law before national courts (e.g., by way of so-called direct effect).

What instruments are available to legally safeguard the EU internal market?

A multitude of instruments are used to safeguard the internal market. Primary law (in particular the fundamental freedoms of the free movement of persons, goods, services, and capital, Arts. 26, 28 et seq. TFEU) forms the foundation. Secondary law (especially regulations, directives, and decisions) specifies these freedoms and brings them into effect through uniform standards. Important instruments in this context are harmonization directives, which remove technical and administrative barriers, as well as regulations, which are directly applicable. Enforcement is ensured by the Commission, the CJEU, and national courts. Supporting measures such as mutual recognition, notification procedures for technical regulations, and control of cartels and state aid are central legal guarantees for the functioning and integrity of the internal market.