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European Union law (historically called "European Community law") is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law. The main sources of primary law are the Treaties establishing the European Union. Secondary sources include regulations and directives which are based on the Treaties. The legislature of the European Union is principally composed of the European Parliament and the Council of the European Union. which under the Treaties may establish secondary law to pursue the objective set out in the Treaties.

Ordinary legislative procedure

The Commission, Council and Parliament can all create secondary law, which includes unilateral acts and agreements by the Legislature of the European Union. Unilateral acts can be done under Article 288 of the TFEU, including regulations. directives. decisions, opinions and recommendations. Unilateral acts not falling under Article 288 TFEU are atypical acts such as communications and recommendations, and white and green papers. Agreements can include international agreements, signed by the European Union, agreements between Member States; and inter-institutional agreements, for example between European Union institutions. [ 2 ]

Directives. regulations. decisions. recommendations and opinions constitute European Union legislation, which must have a legal basis in specific Treaty articles, or primary European law. Directives set (sometimes quite specific) objectives but leave the implementation to the EU's member states. Regulations are directly applicable to member states and take effect without the need for implementing measures.

The Court of Justice of the European Union is established through article 19 of the Maastricht Treaty and includes the Court of Justice, the General Court and specialised courts. Its duty is to “ensure that in the interpretation and application of the Treaties the law is observed”. The Court of Justice consists of one judge from each European Union member state, and the General Court includes at least one judge from each member state. Judges are appointed for a renewable six year term. It is the role of the Court of Justice to rule, in accordance with the Treaties, on cases brought by a member state, a European Union institution or a legal person. The Court of Justice can also issue preliminary rulings, at the request of a member state’s courts or tribunals, on the interpretation of European Union law or the validity of acts by European Union institutions. The Court of Justice can rule in other cases if they are provided for in the Treaties. [ 4 ]

Supplementary sources of EU law are uncodified sources, including Court of Justice of the European Union case law, international law and the general principles of law. Supplementary sources are generally of judicial origin and are used by the Court of Justice of the European Union in cases where the primary and/or secondary legislation leave gaps or do not settle the issue. Since the 1970s fundamental rights. recognised as general principles of European Union law. have become part of primary legislation in European Union law. The European Union and its member states must abide by international law. including its treaties and customary law. and has particularly influenced the development of general principles of European Union law. However, the Court of Justice of the European Union can excluded certain principles of international law that it considers incompatible with the structure of the European Union, such as the principle of reciprocity in the fulfilment of state obligations. [ 5 ]

European Union law is applied by the courts of member states and where the laws of member states provide for lesser rights than European Union law, European Union law can be enforced by the courts of member states. In case of European Union law which should have been transposed into the laws of member states, such as Directives, the European Commission can take proceedings against the member state under the EC Treaty. The Court of Justice of the European Union is the highest court able to interpret European Union law. [ 6 ] European Union law which can be directly enforced by courts in member states is said to have direct effect. [ 7 ]

Simon Hix argues that direct effect and the supremacy doctrine has transformed the EU from an international organisation to a "quasifederal polity". [ 8 ] According to J.H.H. Weiler, parallels to the architecture of the European Union can be found only in the internal constitutional order of federal states. [ 9 ] Sergio Fabbrini argues that the European Union developed after the two world wars as Europe moved towards supernationalism with a multi-level system of governance. Vertical federalisation is mixed with horizontal separation of powers between the European Community institutions and therefore the EU does not conform to the structures of a conventional federal system. [ 10 ]