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.

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.

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.

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.

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.

The body of judgments and orders of the Court of Justice of the European Union, which interprets EU law and shapes how it is applied.

A binding EU act that may be addressed to specific Member States, companies, or individuals; it is binding in its entirety on those to whom it is addressed.

A type of EU secondary law that binds Member States as to the result to be achieved but allows them to choose the form and methods through national implementing measures.

A type of EU secondary law that is of general application, binding in its entirety, and directly applicable in all Member States without the need for national implementation.

Where Does EU Law Come From? Treaties, Legislation, and Principles — EU Law 101: Foundations of the European Union Legal Order

Q: Which of the following is an example of **secondary law**?

Regulation (EU) 2016/679 (GDPR). GDPR is a **regulation**, which is a form of **secondary law** under Article 288 TFEU. Article 45 TFEU and the Charter are **primary law**, while proportionality is a **general principle**.

Step 1 – The Big Picture: Sources of EU Law

Three Main Sources

EU law mainly comes from three sources:

Primary law
Secondary law
General principles and case law.

These work together like parts of a house.

House Analogy

Treaties (primary law) are the foundations and floor plan. Secondary law (regulations, directives, etc.) is the walls and furniture. General principles and case law are the building rules and safety standards.

Your Learning Goals

You will learn to:

Distinguish primary, secondary, and principles.
Give basic examples.
Understand which rules are higher in the legal hierarchy.

Current Framework

As of April 2026, the core framework is set by the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), last overhauled by the Lisbon Treaty in 2009.

Step 2 – Primary Law: The Treaties and the Charter

What Is Primary Law?

Primary law is the highest level of EU law. It includes the Treaties that create the EU and set its powers, plus some other key texts like the Charter of Fundamental Rights.

The Main Treaties

The core Treaties are:

Treaty on European Union (TEU)
Treaty on the Functioning of the European Union (TFEU)

They have been amended several times, most recently in a major way by the Lisbon Treaty in 2009.

The Charter of Fundamental Rights

The Charter of Fundamental Rights of the EU became binding in 2009. It has the same legal value as the Treaties and protects rights like privacy, data protection, and non-discrimination.

Why Primary Law Matters

Primary law:

Creates the EU and its institutions.
Gives and limits EU powers.
Sits above all other EU rules. Any EU law that conflicts with the Treaties or the Charter can be annulled by the CJEU.

Step 3 – Examples of Primary Law in Action

Free Movement of Workers

Article 45 TFEU, a piece of primary law, grants free movement of workers. Any later EU or national rule limiting this right must fit within what the Treaties and the CJEU allow.

Charter and GDPR

Article 8 of the Charter protects personal data. The GDPR had to respect this right. If any GDPR rule clashed with the Charter, the CJEU could annul that part.

Limits on EU Powers

Article 5 TEU says the EU can act only where the Treaties give it competence. A law in an area with no EU competence could be struck down for breaching primary law.

Key Takeaway

Primary law is not just symbolic. It actively controls what the EU can and cannot do and can be used to challenge invalid EU acts.

Step 4 – Secondary Law: Regulations, Directives, Decisions

What Is Secondary Law?

Secondary law is made by EU institutions under powers in the Treaties. It sits below primary law and includes regulations, directives, decisions, recommendations, and opinions.

Regulations

Regulations (Art. 288 TFEU):

General application
Binding in their entirety
Directly applicable in all Member States, without needing national laws to take effect.

Directives

Directives:

Bind Member States as to the result.
Allow them to choose form and methods.
Must be implemented into national law by a deadline.

Decisions, Recommendations, Opinions

Decisions: fully binding, usually on specific addressees.

Recommendations and opinions: not binding, but can influence behaviour and interpretation.

Step 5 – Real-World Examples of Secondary Law

GDPR – A Regulation

The GDPR (Regulation (EU) 2016/679) is a regulation. It applies directly and uniformly in all Member States, setting EU-wide data protection rules.

Digital Services Act

The Digital Services Act (Regulation (EU) 2022/2065) is another regulation. It lays down common rules for online platforms across the EU, such as content moderation duties.

Working Time Directive

The Working Time Directive (Directive 2003/88/EC) is a directive. It sets targets like maximum weekly hours, which Member States must implement in their own labour laws.

Decisions and Recommendations

Commission decisions in state aid cases bind the Member State (and sometimes companies). Recommendations, like those in the European Semester, guide but are not legally binding.

Step 6 – General Principles of EU Law and Case Law

What Are General Principles?

General principles of EU law are fundamental ideas (like proportionality and equality) that guide how EU law is made and applied. They come from the Treaties, the Charter, and shared national traditions.

Key Principles

Important principles include:

Conferral (EU only has given powers)
Proportionality
Subsidiarity
Legal certainty and legitimate expectations
Non-discrimination and equality
Respect for fundamental rights.

Role of the CJEU

The CJEU interprets EU law and gives life to these principles. Its case law shapes how Treaties and legislation work in practice across the EU.

Historic Cases

Cases like Van Gend en Loos (1963) and Costa v ENEL (1964) created core doctrines like direct effect and primacy, which help explain why EU law is more than normal international law.

Step 7 – Thought Exercise: Sorting the Sources

Try this short classification exercise. For each item, decide whether it is primary law, secondary law, or a general principle/case law concept.

Write down your answers (or say them out loud), then check against the solution below.

Treaty on European Union (TEU)
Regulation (EU) 2016/679 (GDPR)
Directive 2003/88/EC on working time
Principle of proportionality
Charter of Fundamental Rights of the EU
Non-discrimination on grounds of nationality (Article 18 TFEU)
A CJEU judgment interpreting the Digital Services Act

Scroll down for the suggested answers.

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Suggested answers:

TEU – Primary law
GDPR – Secondary law (regulation)
Working Time Directive – Secondary law (directive)
Proportionality – General principle of EU law
Charter – Primary law (same value as Treaties)
Article 18 TFEU – Primary law (Treaty provision)
CJEU judgment – Case law (develops and applies general principles; not primary or secondary, but crucial for interpretation).

Step 8 – Hierarchy of EU Norms: Who Wins in a Conflict?

Inside EU Law

At the top: primary law (Treaties + Charter). Below: secondary law. General principles and CJEU case law guide and can invalidate secondary acts that break higher rules.

Conflicts Within EU Law

If a regulation conflicts with the Treaties or the Charter, the CJEU can annul it (Article 263 TFEU). Secondary law must always stay within primary law limits.

EU Law vs National Law

Primacy: EU law takes precedence over conflicting national law, including constitutions according to the CJEU. National courts must disapply conflicting national rules.

Direct Effect and Priority

When an EU rule has direct effect, individuals can rely on it in national courts. If it conflicts with national law, courts should give priority to the EU rule.

Step 9 – Quick Check: Primary vs Secondary

Test your understanding of primary and secondary law.

Which of the following is an example of **secondary law**?

Article 45 TFEU on free movement of workers
The Charter of Fundamental Rights of the EU
Regulation (EU) 2016/679 (GDPR)
The principle of proportionality

Show Answer

Answer: C) Regulation (EU) 2016/679 (GDPR)

GDPR is a **regulation**, which is a form of **secondary law** under Article 288 TFEU. Article 45 TFEU and the Charter are **primary law**, while proportionality is a **general principle**.

Step 10 – Flashcards: Key Terms Review

Use these flashcards to review the core concepts from this module.

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.
General principles of EU law: Fundamental ideas such as conferral, proportionality, subsidiarity, legal certainty, legitimate expectations, equality, and respect for fundamental rights, developed by the CJEU.
Case law (CJEU): Judgments of the Court of Justice of the EU. They interpret Treaties and legislation, develop general principles, and are crucial for understanding how EU law applies in practice.
Primacy of EU law: The doctrine, developed by the CJEU (e.g., Costa v ENEL), that EU law takes precedence over conflicting national law, including constitutions according to the Court.
Direct effect: The ability of certain EU rules (like some Treaty articles, regulations, and sometimes directives) to be relied upon directly by individuals before national courts.

Key Terms

Case law: The body of judgments and orders of the Court of Justice of the European Union, which interprets EU law and shapes how it is applied.
Decision: A binding EU act that may be addressed to specific Member States, companies, or individuals; it is binding in its entirety on those to whom it is addressed.
Directive: A type of EU secondary law that binds Member States as to the result to be achieved but allows them to choose the form and methods through national implementing measures.
Regulation: A type of EU secondary law that is of general application, binding in its entirety, and directly applicable in all Member States without the need for national implementation.
Primary law: The highest level of EU law, consisting mainly of the Treaties (TEU, TFEU, and related instruments) and the Charter of Fundamental Rights, which create and limit EU powers.
Direct effect: A feature of some EU provisions that allows individuals to invoke them directly before national courts without the need for further implementing measures.
Secondary law: Law made by EU institutions under the Treaties, including regulations, directives, decisions, recommendations, and opinions, as listed in Article 288 TFEU.
Primacy of EU law: The doctrine that EU law takes precedence over conflicting national law, requiring national courts to disapply incompatible national provisions when applying EU law.
General principles of EU law: Underlying legal principles, such as conferral, proportionality, subsidiarity, legal certainty, legitimate expectations, equality, and protection of fundamental rights, developed mainly by the CJEU.
Recommendations and opinions: Non-binding EU acts that express views or guidance but do not themselves create legal obligations.