A recommendation in the European Union, according to Article 288 of the [Treaty on the Functioning of the European Union], is one of two kinds of non-legal binding acts cited in the Treaty of Rome.
The Official Journal of the European Union is the official gazette of record for the European Union (EU). It is published every working day in all of the official languages of the member states. Only legal acts published in the Official Journal are binding.
Eur-Lex is an official website of European Union law and other public documents of the European Union (EU), published in 24 official languages of the EU. The Official Journal (OJ) of the European Union is also published on Eur-Lex. Users can access Eur-Lex free of charge and also register for a free account, which offers extra features.
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce.
Comitology in the European Union refers to a process by which EU law is modified or adjusted and takes place within "comitology committees" chaired by the European Commission. The official term for the process is committee procedure. Comitology committees are part of the EU's broader system of committees that assist in the making, adoption, and implementation of EU laws. The comitology system was reconfigured by the Lisbon Treaty which introduced the current Articles 290 and 291 TFEU. Whereas Article 291 TFEU provides for a continuation of implementation of EU law through comitology, Article 290 TFEU introduced the delegated act which is now used to amend or supplement EU legislation, whereas beforehand this was also done through comitology.
The politics of the European Union are different from other organisations and states due to the unique nature of the European Union (EU). The EU is similar to a confederation, where many policy areas are federalised into common institutions capable of making law; however the EU does not, unlike most states, control foreign policy, defence policy or the majority of direct taxation policies. These areas are primarily under the control of the EU's member states although a certain amount of structured co-operation and coordination takes place in these areas. For the EU to take substantial actions in these areas, all Member States must give their consent. EU laws that override national laws are more numerous than in historical confederations; however the EU is legally restricted from making law outside its remit or where it is no more appropriate to do so at a national or local level (subsidiarity) when acting outside its exclusive competencies. The principle of subsidiarity does not apply to areas of exclusive competence.
The European Union adopts legislation through a variety of legislative procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and approved by the Council of the European Union and European Parliament in order to become law.
The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. The free movement of workers means that nationals of any member state of the European Union can take up an employment in another member state on the same conditions as the nationals of that particular member state. In particular, no discrimination based on nationality is allowed. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital. Article 45 TFEU states that:
- Freedom of movement for workers shall be secured within the Community.
- Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.
- It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
- The provisions of this article shall not apply to employment in the public service.
The European Pharmacopoeia is a major regional pharmacopoeia which provides common quality standards throughout the pharmaceutical industry in Europe to control the quality of medicines, and the substances used to manufacture them. It is a published collection of monographs which describe both the individual and general quality standards for ingredients, dosage forms, and methods of analysis for medicines. These standards apply to medicines for both human and veterinary use.
The primacy of European Union law is an EU law principle that when there is conflict between European law and the law of Member States, European law prevails; the norms of national law have to be set aside. This principle was developed by the European Court of Justice, and, as interpreted by that court, it means that any norms of European law always take precedence over any norms of national law, including the constitutions of member states. Although national courts generally accept the principle in practice, most of them disagree with this extreme interpretation and reserve the right, in principle, to review the constitutionality of European law under national constitutional law.
The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon was signed by the EU member states on 13 December 2007, and entered into force on 1 December 2009. It amends the Maastricht Treaty (1992), known in updated form as the Treaty on European Union (2007) or TEU, and the Treaty of Rome (1957), known in updated form as the Treaty on the Functioning of the European Union (2007) or TFEU. It also amends the attached treaty protocols as well as the Treaty establishing the European Atomic Energy Community (EURATOM).
The general principles of European Union law are general principles of law which are applied by the European Court of Justice and the national courts of the member states when determining the lawfulness of legislative and administrative measures within the European Union. General principles of European Union law may be derived from common legal principles in the various EU member states, or general principles found in international law or European Union law. Amongst others the European Court of Justice has recognised fundamental rights, proportionality, legal certainty, equality before the law and subsidiarity as general principles of European Union law. General principles of law should be distinguished from rules of law as principles are more general and open-ended in the sense that they need to be honed to be applied to specific cases with correct results.
In parliamentary systems and presidential systems of government, primary legislation and secondary legislation, the latter also called delegated legislation or subordinate legislation, are two forms of law, created respectively by the legislative and executive branches of government. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.
The Schengen acquis is a set of rules and legislation, integrated into European Union law, which regulate the abolishment of border controls at the internal borders within the Schengen Area, as well as the strengthening of border controls at the external borders.
