EU Law 101: Foundations of the European Union Legal Order

European Coal and Steel Community (ECSC)

An organization created by the 1951 Treaty of Paris among six states to place coal and steel under a common High Authority. It was the starting point of European integration and an early move toward supranational law.

Treaties of Rome (1957)

Treaties that created the European Economic Community (EEC) and Euratom. They aimed to build a common market and are key milestones in the development of today’s EU.

Supranational

A type of organization or legal order where common institutions can make binding rules that apply directly to individuals and can limit what states do, going beyond classic treaty cooperation.

Direct effect

A doctrine of EU law (from Van Gend en Loos) meaning that certain EU rules create rights and obligations that individuals can rely on directly before national courts.

Primacy (supremacy) of EU law

The principle (from Costa v ENEL and later case law) that valid EU law takes priority over conflicting national law, so national courts must set aside the conflicting national rule.

Maastricht Treaty (Treaty on European Union)

A 1992 treaty (in force 1993) that created the European Union, introduced EU citizenship, and prepared for the euro, marking a shift from a mainly economic community towards a more political union.

European Commission

EU institution with the main right of legislative initiative. Proposes new EU laws, manages day‑to‑day policies, and acts as guardian of the Treaties by monitoring how EU law is applied.

Council of the European Union

Institution where national ministers from each Member State meet. Represents governments and is a co‑legislator with the European Parliament in the ordinary legislative procedure.

European Parliament

Directly elected body representing EU citizens. Shares law‑making powers and budgetary authority with the Council and can hold the Commission politically accountable.

CJEU (Court of Justice of the European Union)

Court in Luxembourg that interprets EU law, ensures its uniform application, settles disputes between EU institutions and Member States, and can annul unlawful EU acts.

European Council

Body of heads of state or government, plus its President and the Commission President. Sets the EU’s overall political direction but usually does not adopt ordinary legislation.

Exclusive competence

Area where only the EU can legislate and adopt binding acts (e.g. customs union, common commercial policy). Member States may act only if empowered by the EU or to implement EU acts.

Primary law

The highest level of EU law: mainly the Treaties (TEU, TFEU, protocols, amendments) and the Charter of Fundamental Rights. It creates and limits EU powers and controls all other EU rules.

Secondary law

Law made by EU institutions under the Treaties: regulations, directives, decisions, recommendations, and opinions (Article 288 TFEU). It must respect primary law and general principles.

Regulation

A binding EU act of general application that is directly applicable in all Member States and binding in its entirety. Example: GDPR, Digital Services Act.

Directive

An EU act that binds Member States as to the result to be achieved but leaves them free to choose the form and methods. It must be implemented into national law.

Decision

An EU act that is binding in its entirety. If it specifies addressees (e.g., a Member State or company), it is binding only on them. Often used in competition and state aid cases.

Recommendations and opinions

Non-binding EU acts that express views or guidance. They do not create legal obligations but can influence behaviour and interpretation.

Ordinary legislative procedure

The main EU law-making process where the European Parliament and the Council of the EU jointly adopt legislation based on a proposal from the Commission. Both must agree on the same text.

Special legislative procedure

Any EU law-making process where Parliament and Council do not have equal power. Examples include consultation (Parliament gives an opinion) and consent (Parliament approves or rejects without amending).

Delegated act

A non-essential rule adopted by the Commission under a delegation from the legislator (Article 290 TFEU) to supplement or amend certain elements of a basic act. Parliament and Council can object or revoke.

Implementing act

An act adopted by the Commission (or sometimes Council) to ensure uniform implementation of EU law in Member States, under Article 291 TFEU, usually overseen by comitology committees.

Official Journal of the European Union (OJ)

The EU's official publication where laws and other official acts are published in all official languages. Only acts published in the OJ are legally authentic.

Rapporteur

A Member of the European Parliament (MEP) appointed by a committee to lead work on a legislative file, draft reports, and negotiate with Council and the Commission.

Direct effect

A doctrine allowing individuals to rely directly on certain EU law provisions before national courts, when those provisions are clear, precise, unconditional, and complete enough to apply.

Vertical direct effect

Use of an EU law provision by an individual against the state or a public body (an emanation of the state). Directives can have vertical direct effect once properly triggered.

Horizontal direct effect

Use of an EU law provision by one private party against another private party. Treaties and regulations can have this; directives, as a rule, cannot.

Supremacy (primacy) of EU law

The principle that, in case of conflict, valid EU law takes priority over any national law, including constitutions, and national courts must disapply the conflicting national rule in that case.

Preliminary reference (Article 267 TFEU)

A procedure where a national court asks the CJEU to interpret EU law or rule on its validity, then applies that answer to resolve the national case.

Indirect effect

The obligation on national courts to interpret national law, as far as possible, in a way that is consistent with EU law, especially directives that lack horizontal direct effect.

Court of Justice of the European Union (CJEU)

The EU’s judicial system based in Luxembourg, including the Court of Justice and the General Court. It ensures that EU law is interpreted and applied uniformly and that the Treaties are respected.

Court of Justice

The higher court within the CJEU. It handles preliminary rulings, appeals on points of law from the General Court, and certain important direct actions.

General Court

The first-instance court within the CJEU for many direct actions, especially cases brought by companies and individuals (for example, competition, state aid, trade).

Preliminary ruling (Article 267 TFEU)

A procedure where national courts ask the Court of Justice to interpret EU law or review the validity of EU acts, so they can apply EU law correctly in cases before them.

Infringement action (Articles 258–260 TFEU)

A case brought mainly by the Commission against a Member State for failing to fulfil its obligations under EU law. The Court can declare a breach and, if needed, impose financial penalties.

Annulment action (Article 263 TFEU)

An action asking the CJEU to cancel an EU act because it is unlawful, brought by Member States, EU institutions, or (under stricter conditions) individuals and companies.

Charter of Fundamental Rights of the EU

A binding EU document, in force with Treaty value since 2009, listing fundamental rights (dignity, freedoms, equality, solidarity, citizens' rights, justice). It binds EU institutions and Member States when they implement EU law.

Scope of the Charter (Article 51)

The Charter always binds EU institutions. It binds Member States only when they are implementing EU law. It does not apply to purely national situations with no EU law link.

Rule of Law (EU context)

An EU value in Article 2 TEU. Includes legality, legal certainty, prohibition of arbitrariness, independent and impartial courts, and effective judicial protection in areas covered by EU law.

Article 19 TEU

Treaty article requiring Member States to provide remedies sufficient to ensure effective legal protection in fields covered by EU law. Used by the CJEU to demand judicial independence.

Article 47 of the Charter

Guarantees the right to an effective remedy and to a fair trial, including access to an independent and impartial tribunal established by law.

Rule of Law Report (annual)

A yearly European Commission report (since 2020) assessing rule-of-law developments in each Member State in four areas: justice systems, anti-corruption, media pluralism, and checks and balances.

Internal market (single market)

An area without internal frontiers where goods, persons, services, and capital can move freely between EU Member States, subject to limited justified restrictions.

Regulation vs Directive

A regulation applies directly in all Member States without national transposition. A directive sets goals that Member States must reach through their own national laws.

Competition law (Articles 101 and 102 TFEU)

EU rules that ban anti‑competitive agreements between firms (101) and abuse of a dominant position (102) to keep markets open and fair.

GDPR

The General Data Protection Regulation (in force since 2018), which sets strict rules on processing personal data and grants individuals strong data rights.

Digital Services Act (DSA)

An EU regulation that sets responsibilities for online intermediaries and platforms, including rules on illegal content, transparency, and systemic risk management.

Digital Markets Act (DMA)

An EU regulation that imposes specific do’s and don’ts on large online platforms designated as gatekeepers to ensure fair and contestable digital markets.