EU Laws and Institutions

The Council

The Council The Council of the European Union or the Council is one of the most important bodies within the European Union. The Council in conjunction with the European Parliament makes laws. The Council consists of a member of the government of each member state who has authority to commit the government of that state. … Read the rest

The Commission

The Institutions of the European Union The European Union treaties establish so-called supra-national institutions. These are independent bodies with their own legal identity with set powers and competences. Within the areas in which the EU treaties give the EU institutions legal powers or competences, the European Union bodies make enforce and administer laws and their courts interpret the laws where necessary.… Read the rest

Principles of EU Law

General Principles of EU Law General principles of European law are unwritten rules used and applied in the interpretation of European Union law. They involve principles of justice and principles designed to protect human rights. They may fill gaps in law and make the law more coherent.… Read the rest

Legal Action Against EU

Challenging Legality The EU treaty provides that the parties may claim in proceedings before the European courts that measures are invalid under the treaty for the reasons set out. The grounds for invalidity are as follows: lack of competence i.e.… Read the rest

European Parliament

Overview and Development The European Parliament was originally constituted as the Assembly of the European Community. Its role has been progressively enhanced during the existence of the European Communities and the European Union. Initially, its powers were consultative in nature. … Read the rest

EU Laws

Treaties The European Union treatises are the constitution of the European Union and set out its powers and functions. They are the primary source of law. The Union must only act in accordance with the competences and powers provided for under the European Union Treaties.… Read the rest

EU Law Making

Overview The law making bodies in the European Union are the Council and the European Parliament. Originally the Council had complete law-making powers. Over time, the Parliament’s role has grown so that many decisions were made by both the Parliament and Council.… Read the rest

Ensuring Harmonious Application

Preliminary Reference The Court of Justice has jurisdiction to give preliminary rulings on points of European Union law. This covers matters of interpretation of the Treaties, EU legislation and measures by its institutions. Where a question is raised before any court or tribunal in a member state, it may refer the question of European Union law to the Court of Justice to give a ruling where this is necessary to enable it to give judgment in the matter. … Read the rest

Enforcing EU Law Against States

Damages and legal action. A member state is liable in damages to individuals who suffer loss as a consequence of its infringement of European Community laws. It must pay compensation in accordance with its domestic system of civil liability.… Read the rest

Effect of EU Law

Overview Community law becomes part of national law through a number of mechanisms. In some legal systems, international treaties can become part of domestic law through a process of ratification. In other states, including Ireland international law does not become part of the domestic law until incorporated in by domestic legislation. … Read the rest