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LAW DECISION-MAKING PROCEDURES AND SOURCES - Coggle Diagram
LAW DECISION-MAKING PROCEDURES AND SOURCES
Principles of EU Law
The EU legal order is guided by several principles, among wich we find the Principle of autonomy and the Principle of Union Rule of Law
Principle of Union Rule of Law
The Union is defined as a community based on the rule of law.
The rule of law means that all public powers always act within the limits of the law, under the control of independent courts, and with full respect for democracy and human rights.
Principle of the autonomy of EU law
The EU legal order is guided by the Principle of autonomy, meaning it is independent of both national and international law, possessing its own sources, principles, and decision-making procedures
Sources of European Union Law
EU Law is based on multiples sources, those are organinzed into a hierarchy.
Secondary Law
These are acts adopted by EU institutions using the powers conferred upon them by the Treaties.
The creation and viability of secondary law are governed by several key principles;
-The principle of conferral of powers and Institutional Balance : Institutions must act within the limits of the powers granted to them (Art. 5 TEU and Art. 13(2) TEU)
-The Principle of Legality : Acts must comply with the law (Art. 296 TFEU) and must state the reasoning on which they are based, otherwise, they may be declared null for breaching essential procedural requirements
-Publication and Notification : Under Article 297 TFEU, these acts must be properly notified or published to take effect
Types of Acts
There are numerous types of act acording to designed criterias.
Legal acts (regulation, directives and decision) can be legislatives act, delegated act or implementing act.
Classification by Procedure and Nature
Legislative acts
Legislative acts are legal acts adopted through a lawmaking procedure (either the Ordinary or Special legislative procedure).
They represent the highest level of secondary law.
Delegated act
Acts wich the Commission is given the
power to adopt; non-legislative acts of
general application to supplement or
ammend legislative acts.
Implementing acts
Acts adopted by MS or the Commission,
where uniform conditions for implementing
legally binding EU acts are needed.
Legal acts of the Union
Regulations
General and Abstract Nature
: Unlike acts that target specific individuals, a regulation applies to an "objectively determined situation".
It produces legal effects for categories of persons described in a generalized and abstract manner.
Erga omnes
: This means regulations have legal effects toward everyone, rather than being limited to specific addressees
International agreements
These are agreements concluded by the EU with third countries or international organizations.
Hierarchically, they are inferior to the Treaties but superior to the unilateral acts (secondary law) of the institutions
Primary Law
This includes the Treaties (TEU and TFEU), which act as the "constitutional charter of the Union," treaty amendments, protocols, the EU Charter of Fundamental Rights, and General Principles of Union Law.
Primary law serves for the interpretation and the basis for secondary law.
Outlines the Union´s objectives and the insittucional structure