Sources of the EU Law. Secondary legislation. Regulations and Directives
Sources of the EU Law. Secondary legislation. Regulations and Directives
1. European Union Law
The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The autonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Communities.
The term “European Union law” has been used since the beginning of 1990s after the emergence of the European Union. Previously, this legal system was called “European Communities law” or “European Community law’ though these concepts are not equivalent to the concept of “European Union law’. Some scholars consider “European Union law” a narrower synonym of a wider “European law” concept.
The European Community law (the EC law) is the core of the European Union law and the European communities law. The EC law is based on its legal principles – the most general propositions determining meaning, contents, implementation, and development of all other norms of the EC law.
Principles of the EC law are divided into functional and general ones. The functional principles include the principle of the supremacy of the EC law and the principle of direct effect of the EC law. The principle of supremacy means the priority of the norms of the EC law over the norms of the national legislation of Member States, i.e., the latter should not contradict the former. The principle of direct effect means the direct application of the EC law on the territories of Member States that the norms of the Community law are implanted into national legal systems without any transformation. These principles have been developed
1. European Union Law
The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The autonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Communities.
The term “European Union law” has been used since the beginning of 1990s after the emergence of the European Union. Previously, this legal system was called “European Communities law” or “European Community law’ though these concepts are not equivalent to the concept of “European Union law’. Some scholars consider “European Union law” a narrower synonym of a wider “European law” concept.
The European Community law (the EC law) is the core of the European Union law and the European communities law. The EC law is based on its legal principles – the most general propositions determining meaning, contents, implementation, and development of all other norms of the EC law.
Principles of the EC law are divided into functional and general ones. The functional principles include the principle of the supremacy of the EC law and the principle of direct effect of the EC law. The principle of supremacy means the priority of the norms of the EC law over the norms of the national legislation of Member States, i.e., the latter should not contradict the former. The principle of direct effect means the direct application of the EC law on the territories of Member States that the norms of the Community law are implanted into national legal systems without any transformation. These principles have been developed