European law, also referred to as European Union (EU) law, is a system of legal norms that governs the processes of European integration and outlines the procedures for the establishment and functioning of the European Union’s political institutions.
More commonly, however, this term is used to describe the supranational law of the European Union, which harmonises the various national legal systems across Europe.
EU law operates alongside the legislation of its member states. The provisions of European law are directly applicable and, when necessary, take precedence over national laws in relevant areas.
Foundations of European law
European law has been shaped by influences such as ancient Roman law, Christian theology and canon law, feudal law, and medieval Germanic law.
A key characteristic of European law is its recognition of every individual as a bearer of legal rights and duties.
The foundation of European law lies in the Treaty on European Union and the Treaty on the Functioning of the European Union, both ratified by the governments of all 27 member states. These treaties establish the institutions of the EU, define their powers and responsibilities, and outline the areas in which the EU can legislate through directives or regulations.
EU citizens have the right to participate in the creation of EU law through the European Parliament, while member state governments contribute through the European Council.
The sources of EU law include:
- all founding treaties of the European Union;
- acts of the EU institutions and acts adopted under the founding treaties;
- international treaties between EU member states.
The European Court of Justice is the highest judicial authority in interpreting EU law and developing it through precedent.
The nature of European law
European law is a distinctive system integrated into the legal frameworks of the member states. It encompasses a set of rules that apply both to the states themselves and directly to their citizens.
The focus of European law is on the social relations it regulates. It can be divided into two main categories:
- Institutional law, which pertains to the European Union as an organisation. This area primarily addresses issues related to the political, administrative, and legal organisation of the EU.
- Substantive law, which governs social relations within the European Union, including interactions between its citizens, legal entities, and member states.
Occasionally, substantive law is referred to as European law, while institutional law is termed European Union law. However, such definitions are conditional.
Principles and characteristics of European law
The fundamental principles of European law include:
- General principles: protection of individual rights and freedoms, non-discrimination, legal certainty, proportionality, and subsidiarity.
- Functional principles: the supremacy of EU law over national law and the principle of direct effect.
The protection of EU legal norms is ensured not only by EU judicial authorities but also by the domestic judicial authorities of the member states.
Supranational European law is based on a broad spectrum of European legal traditions and has exerted a unifying influence on the legal systems across the region. Economic and political integration of European countries continues, and to facilitate transnational trade, maximum uniformity in contract, labour, and business law is required. As Europe advances in economic and political integration, European law will play an increasingly significant role in regulating pan-European issues, while coexisting with national legal systems and complementing them in areas covered by EU law.
