European Union law: which areas does it cover?

Many people are puzzled that the EU has banned rum from being called rum and spreadable butter from being called butter. On the face of it, this may seem like a solution to stupidity, but it has a point. It is important to call things by their proper names. Tzemak has nothing in common with real sugar cane rum. It is usually made from molasses alcohol and is only flavoured with rum.

The same goes for spreadable butter, which is not made from butter but from cream, milk powder and often a heap of starch and salt. An ignorant person might feel cheated when opening these products.

However, the main objective of the European Union is not to deal with bananas and food names, as some might think, but to regulate relations between the Member States of the European Union, the EU institutions and individuals and to create a single legal framework to ensure cooperation on common goals and values.

EU law seeks to remove barriers between Member States and create a single market in which businesses and citizens can trade and move freely. EU law also protects the fundamental rights of EU citizens and ensures equal treatment and protection against discrimination. Last but not least, it gives the EU powers in the area of the Common Foreign and Security Policy, which allows Member States to act in a coordinated way in an international environment.

EU law is superior to national law in application and therefore our laws and court decisions must comply with it. This means that if the national law of a Member State conflicts with EU law, EU law takes precedence in application.

European Union law is divided into primary and secondary law, and the case law of the Court of Justice of the European Union is a special category. Let us look at this division in more detail:

Primary law of the European Union

The primary law of the European Union is the foundation on which the entire legal structure of the European Union is built. This law is primarily based on the EU’s main founding treaties and international treaties between the European Union as a whole and non-member states or international organisations. These treaties are negotiated and approved within the EU and then ratified by individual states after approval by the national parliaments of the member states.

The most important primary sources of EU law include:

• The Treaty on European Union: Or the Maastricht Treaty. created the European Union as the successor to the European Communities. It governs the establishment of monetary union, a common foreign and security policy and areas of internal cooperation.
• Lisbon Treaty: It is a kind of constitution of the European Union. It sets out its objectives, values, institutional structure and basic principles. It contains, for example, a definition of the EU’s objectives, the principles of subsidiarity and proportionality, the competences of the EU and the Member States, etc.
• The Treaty on the Functioning of the European Union: This treaty regulates the functioning of the EU’s policies and activities. It contains specific provisions for individual policy areas, such as the internal market, economic and monetary union, competition, agriculture, fisheries, transport, energy, consumer protection, social policy, environmental policy, etc.
• The Charter of Fundamental Rights of the European Union: This Charter contains a set of fundamental rights that are protected within the EU. It includes rights such as the right to life, to personal liberty and security, to protection of personal data, to freedom of thought, conscience and religion, to a fair trial, to equality before the law, to children’s rights, to consumer protection, to workers’ rights, etc.

• International treaties: the EU has the power to conclude international treaties on a range of issues – trade, politics, cooperation within international organisations, etc. International treaties concluded by the EU then become part of primary law.

Secondary law of the European Union

The secondary law of the European Union consists of legal acts that create specific rules for specific areas. These rules are derived from primary EU law and differ in their nature and binding nature:

Regulation

• Regulations are the most effective type of EU secondary law and have direct legal effect in Member States without the need for implementation into national law. They are, in effect, European laws.
• They are binding and generally applicable to all persons and entities in the Member States that fall within their scope.
• Regulations are directly applicable and do not require further legislative action by Member States.

Directives

• Directives are legal acts that are binding on Member States as to their outcome. However, the way in which the States achieve the result is at their discretion. In theory at least. Sometimes directives are quite narrowly focused and there is no room for discretion.
• Member States are therefore obliged to implement directives in their national law, usually through local legislation.
• They must regularly inform the European Commission about the implementation process and meet a set deadline (usually two years).

Decision

• Decisions are legal acts that are binding on a specific person, entity or group of persons.
• They can be aimed at individuals, companies or even Member States, and have direct legal effect.

Recommendations

• Recommendations are non-binding legal acts that aim to suggest a course of action or a course of action to Member States, but do not have direct legal effect.

Opinions

• Opinions are statements by an EU body such as the European Parliament or the European Central Bank. They are not binding and do not have legal effect.
• An opinion can be formulated in the context of the EU legislative process or in response to a specific situation or issue.

Case law and the Court of Justice of the EU

EU law is also made through decisions of the Court of Justice of the European Union (CJEU). The CJEU rules on questions concerning the interpretation of primary and secondary EU law and on different types of actions.

The CJEU’s rulings create case law. It is a collection of court decisions that interpret laws and apply them to specific cases, which shapes legal principles. Some of its decisions are also binding on all EU institutions and member states.

Principles of proportionality and subsidiarity

In the context of EU law, it is important to mention the principles of proportionality and subsidiarity, which significantly shape EU law. The principle of proportionality requires that measures taken at EU level are appropriate to achieve the objective pursued and do not go beyond what is necessary to achieve that objective.

Specifically, this means that EU legislation should be proportionate to the objective pursued, which is usually the protection of rights, ensuring the functioning of the internal market or the protection of the public interest. This principle helps to ensure that EU action is not excessive or disproportionate and that citizens’ fundamental rights and freedoms are respected.

The principle of proportionality is then closely linked to the principle of subsidiarity. It states that the EU should only act where it is strictly necessary and where action at EU level can achieve better results than action taken by national governments.

In practice, this means that the EU focuses on tackling problems that cross national borders and require a common approach. Conversely, it leaves matters that can be more effectively and efficiently addressed at national level to the decision of the Member States themselves.

The principle of subsidiarity is intended to respect the diversity and local conditions in the various Member States, thereby allowing flexibility and individual approaches to address specific needs and situations at local level.

Summary

European Union law regulates relations between Member States, EU institutions and individuals, creating a single legal framework and promoting cooperation on common objectives and values. EU law is superior to the national law of the Member States and is divided into primary and secondary law, supplemented by the case law of the Court of Justice of the EU.

Primary EU law includes the key founding treaties, such as the Maastricht and Lisbon Treaties, and defines the fundamental principles and objectives of the Union. Secondary law then specifically governs the different areas of EU activity. The CJEU decides on the interpretation and application of EU law, thereby shaping case law and ensuring the uniform application of EU law.