Define: European Law

European law refers to the body of legal rules and regulations that are applicable within the member states of the European Union (EU). It is primarily based on the treaties and legislation adopted by the EU institutions.

European law has supremacy over national laws within the EU. This means that if there is a conflict between a national law and a European law, the latter will prevail. Member states are required to ensure compliance with European law and may be held accountable for any failure to do so.

The main sources of European law are the treaties establishing the EU, regulations, directives, and decisions adopted by the EU institutions, as well as judgments of the Court of Justice of the European Union (CJEU).

If you believe your rights under European law have been violated, you can seek redress through national courts. In certain cases, you may also be able to bring a case before the CJEU for a preliminary ruling on the interpretation of European law.

Yes, European law can be amended or repealed through the legislative process within the EU. This typically involves the European Commission proposing new legislation, which then needs to be approved by the European Parliament and the Council of the European Union.

Yes, all EU member states are bound by European law. They are required to incorporate European law into their national legal systems and ensure its effective implementation.

European law can override provisions of national constitutions if they are found to be incompatible with EU law. However, this is subject to certain limitations and principles, such as the principle of proportionality and respect for fundamental rights.

The CJEU plays a crucial role in interpreting and ensuring the uniform application of European law. It provides authoritative interpretations of EU law through its judgments and ensures that member states correctly apply and enforce European law.

In general, individuals cannot bring a case directly to the CJEU. However, they can indirectly bring a case before the CJEU by challenging a national law or decision that is based on European law in their national courts, which can then refer the case to the CJEU for a preliminary ruling.

Following Brexit, European law no longer applies directly in the UK. However, the UK has incorporated much of European law into its domestic legislation through the European Union (Withdrawal) Act 2018. The CJEU’s jurisdiction over the UK has also ended, and the UK courts are no longer obliged to follow CJEU rulings.