Sources of EU Law Pracownicy（欧盟法律Pracownicy来源）.pdf

Sources of EU Law • There are three sources of European Union law: primary law, secondary law and supplementary law. ▫ The main sources of primary law are the Treaties establishing the European Union. ▫ Secondary sources are legal instruments based on the Treaties and include unilateral secondary law and conventions and agreements. ▫ Supplementary sources are elements of law not provided for by the Treaties. This category includes Court of Justice case-law, international law and general principles of law. Sources of primary law • Primary sources, or primary law, come mainly from the founding Treaties, namely the Treaty on the EU and the Treaty on the Functioning of the EU. • These Treaties set out the distribution of competences between the Union and the Member States and establishes the powers of the European institutions. • They therefore determine the legal framework within which the EU institutions implement European policies. • Moreover, primary law also includes: ▫ the amending EU Treaties; ▫ the protocols annexed to the founding Treaties and to the amending Treaties; ▫ the Treaties on new Member States’ accession to the EU. Unilateral acts • Unilateral acts can be divided into two categories: ▫ those listed in Article 288 of the Treaty on the Functioning of the EU: regulations, directives, decisions, opinions and recommendations; ▫ those not listed in Article 288 of the Treaty on the Functioning of the EU, i.e. atypical acts such as communications and recommendations, and white and green papers. Agreements • Convention and Agreements group together: • international agreements, signed by the EU and a country or outside organisation; • agreements between Member States; and • interinstitutional agreements, i.e. agreements between the EU institutions. So