"The ABC of EU Law" is one of the 13 official reference documents for the AD5 EU Knowledge test. At nearly 200 pages, it's the most comprehensive — and the most frequently tested. Here are the key concepts you need to know.
The EU Treaties
Two treaties form the constitutional basis of the EU:
- Treaty on European Union (TEU) — sets out the EU's values, objectives, institutional framework, and common foreign/security policy
- Treaty on the Functioning of the EU (TFEU) — details how the EU operates: policies, competences, and procedures
Together, these are the "primary law" of the EU. Everything else derives from them.
Types of EU Legal Acts
Article 288 TFEU defines five types of legal instruments:
| Instrument | Binding? | Key Feature |
|---|---|---|
| Regulation | Yes, fully | Directly applicable in all member states — no transposition needed |
| Directive | Yes, as to result | Must be transposed into national law — states choose the method |
| Decision | Yes, on addressee | Binding on those to whom it's addressed (a state, a company) |
| Recommendation | No | Suggests action without legal obligation |
| Opinion | No | Expresses a view on a matter |
Exam tip: The most common question type asks you to distinguish between a Regulation and a Directive. Remember: Regulation = directly applicable; Directive = requires transposition.
EU Competences
The EU can only act within the competences conferred by the treaties. Three categories:
- Exclusive competences (Article 3 TFEU) — only the EU can act: customs union, competition rules, monetary policy (eurozone), common commercial policy, marine biological resources
- Shared competences (Article 4 TFEU) — both EU and member states can act, but member states can only act where the EU hasn't: internal market, environment, transport, energy, consumer protection
- Supporting competences (Article 6 TFEU) — EU can support/coordinate, but not harmonise: tourism, culture, education, civil protection
Fundamental Principles
Principle of Conferral
The EU has only the competences that member states have conferred upon it in the treaties. Anything not conferred remains with the member states.
Subsidiarity
In areas of shared competence, the EU should only act if the objectives cannot be sufficiently achieved by member states alone. National parliaments can raise objections ("yellow card" procedure).
Proportionality
EU action must not go beyond what is necessary to achieve the objectives of the treaties.
Supremacy of EU Law
EU law takes precedence over conflicting national law. Established by the Court of Justice in Costa v ENEL (1964).
Direct Effect
EU law can create rights that individuals can invoke before national courts. Established in Van Gend en Loos (1963). Regulations have automatic direct effect; directives can have direct effect if clear, unconditional, and the transposition deadline has passed.
Common Exam Traps
- Directives are binding — just not directly applicable (they need transposition)
- Recommendations are NOT binding — don't confuse with decisions
- Exclusive competence means member states cannot act, even if the EU hasn't acted yet
- Subsidiarity only applies to shared competences, not exclusive ones
- Van Gend en Loos = direct effect; Costa v ENEL = supremacy — don't mix them up