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Sources of EU law - Coggle Diagram
Sources of EU law
Treaties
ECSC 1951
TEC 1957
Euratom 1957
Nice 2001
Merger 1965
Lisbon 2009
SEA 1986
TEU 1992
Amsterdam 1997
secondary legislation
regulations
decision
directives
general principles of EU law
other
proportionality
legal certainty + non retroactivity
non-discriminations
legitimate expectantions
transparency
fundamental rights
challenge EU acts usually unsuccessful
MS acts challenged if within scope of EU law
1)
2)
evolved out of necessity from MS constitutional traditions
sources
MS constitutional traditions
ECHR
Charter
standard of protection 'minimum standard'
Lisbon treaty affords rights in charter same legal status as treaties + EU will accede to ECHR
when adopting such legislation EU must stay within its competence
must act within powers but difficulties w/ disputes
scope of treaty art
shared/ comp competence
limit of implied powers
limit of art 352 TFEU
Legislation touching 1+ pillars
must exercise its powers in accordance w/ subsidiarity
art 5 TEU
principle of
Conferral
subsidiarity
international treaties
agreements
associations
corporations
trade