Riassunto esame Diritto dell'Unione Europea, Prof. Dani Marco, libro consigliato An introduction to the eu legal order, Muir

3.5 SOURCES OF LAW DERIVED FROM THE EU TREATIES

3.5.1 THE STARTING POINT

3.5.1.1 EU TREATIES, NORMS OF EQUAL VALUE AND THE FAMILY TREE

primary

distinction between the EU Treaties and norms with equal value as law, sources adopted on the

second

bases of the EU Treaties and thus constituting a layer of norms, and sources adopted on the

third

basis of this second layer to form a one (secondary law and tertiary law originate, directly or

indirectly, in the EU Treaties)

>>> it is not established that all acts of tertiary law ought to comply with all acts of secondary

law→ the tertiary law act ought to be compatible with the parent act (primary law and

secondary law), and each instrument must be interpreted light of higher-ranking rules within

the lineage, as well as in light of the whole primary law

3.5.1.2 THE EU LEGAL ORDER DOES NOT EXIST IN A VACUUM

1. there are multiple references to national law (national constitutional requirements in particular)

across the EU Treaties

2. the accession to the EU does not deprive Member States of the possibility to conclude

international agreements between themselves (these agreements are not part of EU law) but

they ought to comply with the EU Treaties, however, as well as the full body of EU norms, which

take precedence over subsequent acts

3. there is a vast array of rules of international law that have special significance in the EU legal

order (ex. international agreements concluded by the Member States before the accession shall

not be affected by the EU Treaties)

4. article 3(5) TEU→ European Union is to contribute to the strict observance and the development

of international law (it includes international customary law)

>>> the EU’s action on the international scene shall be guided by, and seek to

advance, “respect for the principles of the United Nations Charter and international

law” >>> it may be that the implementation of an agreement or ensuring

compliance with it falls within its competences and/or the EU law itself refers to

specific international law arrangements

3.5.2 THE ROLE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

Court of Justice of the European Union→ Court of Justice + General Court (to ensure that “in the interpretation

and application of the Treaties the law is observed”)

1. the Courts may not call into question the validity of primary law (they have to interpret these sources)

but they may check the validity of acts derived from the EU Treaties against the said Treaties, as well as

other sources having the same legal value

2. CJEU frames the relationship between EU law, the law of the Member States and rules of international

law + discussion on the primacy of the EU law over national constitutional law

>>> other jurisdictions (ex. national constitutional courts) may have different approaches to

the relationship between these various legal systems (actual conflicts of hierarchy between

these legal systems remain fairly rare)

3.5.3 DERIVED LAW

3.5.3.1 EXTERNAL ACTON→ it articulates the relationship between the EU and third States or

international organizations

SECONDARY LAW IN THE FORM OF INTERNATIONAL AGREEMENTS

 >>> to conclude external agreements→ exclusive of EU + exclusive of Member

States + shared

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