Law & Justice

European law is a system of rules that applies in the member states of the European Union. Although the European Union does not have a codified constitution, it is built on laws that make up its basic governance structure. These laws are divided into primary legislation (the founding treaties) and secondary legislation (regulations, directives, decisions, recommendations and opinions).

The founding treaties establish the European institutions, list their powers and responsibilities, and explain the areas in which the EU can exercise its legislative power with directives and regulations. All treaties must be ratified by the member states.

Regulations apply to all member states and become an integral part of national law (they are directly applicable). Therefore, they can be enforced through the national courts of each member state.

Directives set specific goals that member states must achieve. They must be adopted into national law, but it is up to each member state to figure out how and with the help of what laws to achieve these goals.

Decisions are specific rules that apply to a specific body or country. The decision has an impact only on the one to whom it is directed.

Recommendations and opinions are not binding. They serve as a guide, according to which individual institutions and states can decide to act. However, they do not create any legal obligations.

The EU has three main legislative bodies: the European Commission (representing the general interests of the EU), the European Parliament (representing EU citizens) and the Council of the European Union (representing the governments of the EU). Other institutions - the European Council, the Committee of the Regions and the European Economic and Social Committee - can also influence EU legislation, for example through strategic guidelines (European Council) or advice. Disputes over the interpretation of laws can be referred to the Court of Justice of the European Union.

The EU decision-making process can follow two different procedures: the ordinary legislative procedure and the special legislative procedure. Depending on the type of law being enacted, one of the two procedures is used.

Normally, EU policies are decided through the ordinary legislative procedure, which involves the agreement of all three bodies on legislation. This first type of procedure begins with a bill proposed by the European Commission, which may have decided on its own judgment or on the basis of consultations with other EU institutions, member states or European citizens. Parliament and the Council, placed on an equal footing, are responsible for approving (or rejecting) the proposal using the “three readings” method. The two bodies have up to three readings to reach an agreement on the legislation in question. The bill must be adopted jointly by the two bodies: neither of them can adopt legislation without the consent of the other, and clearly the text adopted must be identical for both parties.

In the special legislative procedure, which is allowed only in specific cases and by specific treaties, Parliament is required to give its consent to a legislative proposal or to be consulted on it. The Council is, in this case, the only legislator.

In any case, European institutions have legislative powers only on specific issues. The Lisbon Treaty clarifies the division of powers between the EU and its member states. These competencies are divided into three main categories: exclusive competencies (areas in which the EU is the only one that can legislate and adopt binding acts), shared competencies (the EU and its member states can legislate and adopt legally binding acts), and supporting competencies (the EU can intervene only to support, coordinate or supplement the action of its member states).

The EU has exclusive competencies in the following areas: customs union; establishment of competition rules necessary for the functioning of the internal market; monetary policy for euro area countries; conservation of marine biological resources within the framework of the common fisheries policy; common trade policy.

The areas of shared powers are: internal market; Social policy; economic, social and territorial cohesion; agriculture and fishing; environment; consumer protection; transportation; trans-European networks; energy; area of freedom, security and justice; common safety concerns in public health matters; research, technological development and space; development cooperation and humanitarian aid.

The areas of support competence are: protection and improvement of human health; industry; culture; tourism; education, vocational training, youth and sport; civil protection; administrative cooperation.

Súdny dvor Európskej únie zohráva kľúčovú úlohu pri dohľade nad európskym právom a zaručuje jeho konzistentný výklad a uplatňovanie vo všetkých členských štátoch EÚ. Svojimi právomocami Súdny dvor Európskej únie podporuje bezproblémovú integráciu európskeho práva v rámci Únie.