European Union law (types of EU legislation)

Primary law

Every action taken by the European Union is founded on treaties concluded between Member States (hereinafter “Treaties”). These Treaties set out not only the EU’s objectives but also the normative basis for the functioning of the EU itself, i.e. mainly the rules governing the functioning of its institutions, the decision-making process and the relationship between the EU and its members. Treaties are the starting point for EU law and are known as primary law. It is the primary source of EU law.

Primary law includes:

• Founding treaties (Treaty of Paris, Treaty of Rome, Treaty of Maastricht)
• Amending treaties (Single European Act, Treaty of Amsterdam, Treaty of Nice, Treaty of Lisbon)
• Accession treaties (e.g. with Portugal and Spain in 1985)
• Protocols to the above treaties
• Additional agreements amending certain sections of founding treaties (e.g. the Merger Treaty of 1965)
• Charter of Fundamental Rights of the European Union
• General principles laid down by the Court of Justice of the European Union

Secondary law

The European Union pursues the objectives set out in its Treaties through several types of legal acts. Some of them are legally binding, others are not. Some apply to all EU countries, others only to some.

In addition to primary law, EU law is based on secondary sources, including:

• Regulations (e.g. GDPR)
• Directive (e.g. Directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law)
• Decisions (e.g. decisions on EU participation in various counter-terrorism organisations)
• Opinions (e.g. on the Clean Air Policy Package)
• Recommendations (e.g. recommending that judicial authorities of EU countries make greater use of videoconferencing to facilitate cross-border cooperation in judicial matters)

A regulation is a normative binding act. It is directly binding on all Member States unless otherwise provided in exceptional circumstances. A regulation is to EU law what an act is to national law. It is binding not only on the Member States but it also applies to all individuals and legal entities in the Member States. These legal acts are therefore applicable automatically and uniformly in all EU countries from the date of their entry into force. However, we cannot say the same about a directive, which is not a generally binding act in relation to an individual. It is only binding on the Member States as to the result to be achieved under the directive. It is entirely up to the state to develop its own methods or forms of regulation to achieve the goal.

A decision, on the other hand, is an individual act that is binding only on the Member State, legal entity or individual to whom it is addressed. It is not necessary to implement it in national law. Recommendations and opinions have an ancillary role as they are not legal acts and are thus not legally binding. EU institutions use them to express their opinion and suggest or recommend certain actions without imposing any legal obligation on the addressee or to make a statement without imposing any legal obligation.

Implementing acts and delegated acts

EU Member States are generally responsible for implementing EU law. However, in some areas, uniform conditions need to be established for the implementation of law. These areas include, in particular, agriculture, internal market, health and food safety, etc. Implementing acts are adopted by the Commission, but it must usually consult a committee in which every EU country is represented.

Delegated acts are adopted by the Commission on the basis of a delegation granted in the text of an EU law. However, this option is subject to strict limits. In particular, a delegated act cannot change the essential elements of the law, the legislative act must define the objectives, content, scope and duration of the delegation of power, and the European Parliament and Council may revoke the delegation or express objections to the delegated act.

Supplementary law

The supplementary sources include the case-law of the Court of Justice of the European Union and the general principles of law. International agreements both with non-EU countries and with international organisations are also an integral part of EU law. These agreements are separate from primary law and secondary law and constitute a category of special law. According to judgments of the Court of Justice of the European Union, they can have direct effect and have greater legal force than secondary legislation, which must therefore comply with them.

What situations do we typically handle for our clients in the context of EU law?

• Provision of legal services in the field of international arbitrations
• Drafting contractual documentation with an international element
• Recognition and enforcement of foreign judgements in the Czech Republic
• Legal service in EU law
• Trial at the European Court of Human Rights
• Implementation of GDPR rules in companies
• Green Deal commitments
• Application procedure for European subsidies
• Orientation in EU legislation
• Establishing a company in EU countries
• Assistance in applying for a European trademark
• Legal assistance in debt recovery in EU countries
• Legal advice on participation in foreign tenders within the EU
• Assistance in national implementation of international obligations
• Orientation in EU law