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Understanding the Sources of EU Law: Primary and Secondary Sources Explained

This guide provides insights into the primary sources like Founding Treaties and General Principles of EU Law, and secondary sources including Legal Acts and International Agreements. Learn about the various types of legal acts of EU institutions, such as Regulations, Directives, and Decisions.

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Understanding the Sources of EU Law: Primary and Secondary Sources Explained

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  1. Sourcesof EU law • PRIMARY SOURCES - FoundingTreaties - General Principlesof EU Law • SECONDARY SOURCES - Legal actsenactedby EU institutions - InternationalAgreements • CASE-LAW OF THE CJEU

  2. TYPES OF LEGAL ACTS OF EU INSTITUTIONS Article 288 TFEU: • Regulation (Uredbe) • Directives (Direktive) • Decisions (Odluke) • Recommendations (Preporuke) • Opinions (Mišljenja)

  3. Differencesbetweenlegal acts

  4. NEW SYSTEMATISATION OF ACTS : LEGISLATIVE AND NON-LEGISLATIVE ACTS • LeigislativeActs - Thoseadoptedinthe legislative procedure (ordinary or special) - Form: Regulation/Directive/Decision 2. Non-legislative Acts • Delegated • Legislative actdelegates power to theCommission • Form: delegatedRegulation/Directive/Decision • Implementing • EU law is inprincipleimplementedbyMemberStates • Exceptionally: Commission or Councilmayadoptimplementingacts, ifnecessary for uniformimplementation • Form: implementingRegulation/Directive/Decision

  5. Differencedelegated/implementingacts • Maindifference is inthecontroloverCommission: • Indelegation, delegatingbody controls Commission’s powers • Inimplementation, MemberStatescontrolCommissionthroughcomitology procedure

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