Read full titleQ&As 12
Q&As
Does an EU Treaty take precedence over a Directive?
Published on: 17 September 2015
This Q&A concerns high level principles regarding the relationship between (and interpretation of) different sources of EU law (as opposed to the relationship between EU law and the law of EU Member States).
Sources of EU law
Primary sources
The 'primary' sources of EU law are the EU founding Treaties, such as the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (TEU), which set out EU competencies and provide the basis for actions taken by the EU institutions. They set out EU objectives, rules and provisions governing decision making by EU institutions and the relationship between the EU and its Member States. The EU can only act within the limits of the competences conferred on it by Treaty (see the principles of conferral below). In that sense, the EU Treaties have primacy. Amendments to the Treaties may be made to allow for efficiency, transparency, enlargement and co-operation (see: Amendment and ratification of EU Treaties). Where the Treaties do not confer competences on the EU, they remain with
Get your quote today and take step closer to being able to benefit from:
- Instant clarification on points of law
- Smart search
- Workflow tools
- 36 practice areas
Get a LexisNexis quote
* denotes a required field
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related documents:
- What is the procedure for enforcement under section 28 of the Town Police Clauses Act 1847?
- In circumstances where an adult lacks capacity to enter into a deferred payment agreement (DPA), doe...
- What is the legal position for public bodies with a joint duty to provide aftercare to individuals d...
- Is there any reason why a corporate landlord cannot be used by a local authority to discharge its ho...
- If a public highway is surrounded by common land, is there a power/duty on the Local Authority to fe...
- Under the Public Contracts Regulations 2015, what are the implications for a mini-competition under...
- If a local authority issues an emergency prohibition order (EPO) under the Housing Act 2004 and on a...
- In appeals to the County Court on a point of law under section 204 of the Housing Act 1996, it is co...
- Where the local housing authority determine to grant a selective license, what is the date on which...
- In the Licensing Act 2003 (Hearings) Regulations 2005, reg 6(4) provides ‘(4) In any other case, the...
- If an application for a right to buy is received by a local authority, found to be incorrect, and re...
- Is there a right of appeal to a section 143 notice under the Highways Act 1980?
Related legal acts:
Key definition:
Law definition
What does Law mean?
means: (a) any legislation, regulation, by-law or subordinate legislation in force from time to time to which a party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or (e) any applicable direction, policy, rule or order that is binding on a party and that is made or given by any regulatory body having jurisdiction over a party or any of that party’s assets, resources or business;
CONTACT US
