The sources of European Union law
Clearly the TFEU and the TEU are the basic sources of EU law. We will not pursue the detailed content of either of these Treaties here, except where it is necessary to do so in relation to the other sources of EU law or where it is useful to comment that previous amendments to their original versions had resulted in various article numbers being applied at different times to what are, either exactly or in effect, the same provisions.
For example, what is now art. 267 of the TFEU had previously been both art. 177 and art. 234 of the EC Treaty. (For the broad effect of art. 267, see p. 62.)Under art. 288 TFEU there are three other types of EU instruments which are binding (and which are, therefore, sources of law), namely:
Regulations;
Directives; and
Decisions.
We will consider the nature of each of these sources in turn, before considering how they, together with the treaties, impact on the English legal system.
More on the topic The sources of European Union law:
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- How European Union law enters English law
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- The European Union dimension
- The supremacy of Union law over the laws of the member states
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- From the Treaty of Maastricht to the European Charter of Fundamental Rights
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- The European Court of Human Rights