Editing European Union (section)

===Law===
{{Main|European Union law}}
{{Further|European Union legislative procedure}}
{{See also|Treaties of the European Union|European Citizens' Initiative}}
[[File:Political System of the European Union.svg|thumb|right|upright=2|Organigram of the political system of the Union]]

Constitutionally, the EU bears some resemblance to both a [[confederation]] and a [[federation]],<ref>Kiljunen, Kimmo (2004). The European Constitution in the Making. Centre for European Policy Studies. pp. 21–26. {{ISBN|978-92-9079-493-6}}.</ref><ref>Burgess, Michael (2000). Federalism and European union: The building of Europe, 1950–2000. Routledge. p. 49. {{ISBN|0-415-22647-3}}. "Our theoretical analysis suggests that the EC/EU is neither a federation nor a confederation in the classical sense. But it does claim that the European political and economic elites have shaped and moulded the EC/EU into a new form of international organization, namely, a species of "new" confederation."</ref> but has not formally defined itself as either. (It does not have a formal constitution: its status is defined by the [[Treaty of European Union]] and the [[Treaty on the Functioning of the European Union]]). It is more integrated than a traditional confederation of states because the general level of government widely employs [[qualified majority voting]] in some decision-making among the member states, rather than relying exclusively on unanimity.<ref>{{Cite web |title=Qualified majority – Consilium |url=https://www.consilium.europa.eu/en/council-eu/voting-system/qualified-majority/ |access-date=10 April 2019 |website=www.consilium.europa.eu}}</ref><ref>{{Cite web |title=Practical Law UK Signon |url=https://signon.thomsonreuters.com/?comp=pluk&productid=PLCUK&viewproductid=UKPL&lr=0&culture=en-US&returnto=https%3a%2f%2fuk.practicallaw.thomsonreuters.com%2fCosi%2fSignOn%3fcomp%3dpluk%26redirectTo%3d%252f9-503-0498%253ftransitionType%253dDefault%2526contextData%253d(sc.Default)%2526firstPage%253dtrue%2526comp%253dpluk%2526bhcp%253d1&tracetoken=0410191706400iocfH6ix9aDAXboKMKljGSEQbVenO3hRbkBiVwSpjK1nPrIZleK0m_ZYArfREaHTp00rbJNn9JJiUMtpuREV-tBpbDUn6jga8Zl9POgeorx-_ajnZ8E3JYaIx_LR8_3ZDgttQ2Na2blkP5wVQ4ab8NCop3kx46Kc2OAzz_TmEl3CC7PuHaHnrnMSp6Iff0Ha6hnq7X8w-OJXGJwNOPAhExqg5qLTz6c5ZWem1fKcj3l-9-h9cvMeVpfodmsngI5XZ8ruL99SM4ZCzGSNyROceid4Z3KboCsVabuZY0E-uiLtwSweJKfAwbVwR05UE0UIdD0SkAXveKEjxj9NIp2XCOCilihh1It2arRlZYHQ0Fc |access-date=10 April 2019 |website=signon.thomsonreuters.com}}</ref> It is less integrated than a federal state because it is not a state in its own right: sovereignty continues to flow 'from the bottom up', from the several peoples of the separate member states, rather than from a single undifferentiated whole. This is reflected in the fact that the member states remain the 'masters of the Treaties', retaining control over the allocation of competences to the union through constitutional change (thus retaining so-called ''Kompetenz-kompetenz''); in that they retain control of the use of armed force; they retain control of taxation; and in that they retain a right of unilateral withdrawal under Article 50 of the Treaty on European Union. In addition, the principle of [[subsidiarity]] requires that only those matters that need to be determined collectively are so determined.

Under the principle of [[Supremacy (European Union law)|supremacy]], national courts are required to enforce the treaties that their member states have ratified, even if doing so requires them to ignore conflicting national law, and (within limits) even constitutional provisions.<ref name="Supremacy" group="lower-alpha">According to the principle of [[Law of the European Union#Supremacy|supremacy]] as established by the ECJ in Case 6/64, ''Falminio Costa v. ENEL'' [1964] ECR 585. See Craig and de Búrca, ch. 7. See also: [[Factortame litigation]]: ''Factortame Ltd. v. Secretary of State for Transport (No. 2) [1991] 1 AC 603'', ''Solange II'' (''Re Wuensche Handelsgesellschaft'', BVerfG decision of 22 October 1986 [1987] 3 CMLR 225,265) and ''Frontini v. Ministero delle Finanze'' [1974] 2 CMLR 372; ''Raoul George Nicolo'' [1990] 1 CMLR 173.</ref> The [[direct effect]] and supremacy doctrines were not explicitly set out in the European Treaties but were developed by the Court of Justice itself over the 1960s, apparently under the influence of its then most influential judge, Frenchman [[Robert Lecourt]].<ref>William Phelan, ''Great Judgments of the European Court of Justice: Rethinking the Landmark Decisions of the Foundational Period'' (Cambridge, 2019).</ref> The question whether the secondary law enacted by the EU has a comparable status in relation to national legislation, has been a matter of debate among legal scholars.

====Primary law====
The European Union is based on a series of [[Treaties of the European Union|treaties]]. These first established the European Community and the EU, and then made amendments to those founding treaties.<ref>{{Cite web |title=Sources of EU law |url=http://ec.europa.eu/ireland/general_information/legal_information_and_eu_law/sources_eu_law/index_en.htm |archive-url=https://web.archive.org/web/20080228193407/http://ec.europa.eu/ireland/general_information/legal_information_and_eu_law/sources_eu_law/index_en.htm |archive-date=28 February 2008 |access-date=5 September 2007 |publisher=European Commission}}</ref> These are power-giving treaties which set broad policy goals and establish institutions with the necessary legal powers to implement those goals. These legal powers include the ability to enact legislation<ref name="art249" group="lower-alpha">{{Cite web |date=30 March 2010 |title=Consolidated Version of the Treaty on the Functioning of the European Union |url=https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ%253AC%253A2010%253A083%253A0047%253A0200%253AEN%253APDF |url-status=dead |archive-url=https://web.archive.org/web/20131117094809/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ%253AC%253A2010%253A083%253A0047%253A0200%253AEN%253APDF |archive-date=17 November 2013 |access-date=21 December 2022 |website=Official Journal of the European Union |publisher=EUR-Lex |language=en}}</ref> which can directly affect all member states and their inhabitants.<ref name="Direct Effect" group="lower-alpha">According to the principle of Direct Effect first invoked in the Court of Justice's decision in {{cite court|litigants=Van Gend en Loos v Nederlandse Administratie der Belastingen|reporter=Eur-Lex|court=European Court of Justice|year=1963|url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61962J0026:EN:NOT}} See: Craig and de Búrca, ch. 5.</ref> The EU has [[legal personality]], with the right to sign agreements and international treaties.<ref>{{Cite journal |last1=de Schoutheete |first1=Philippe |last2=Andoura |first2=Sami |year=2007 |title=The Legal Personality of the European Union |url=http://aei.pitt.edu/9083/01/Legal.Personality.EU-PDS-SA.pdf |journal=Studia Diplomatica |volume=LX |issue=1 |access-date=15 November 2010}} Its examples are the ratifications of [[United Nations Convention against Corruption]] and [[Convention on the Rights of Persons with Disabilities]] by EU. And Article 47 of the Consolidated Treaty on European Union.</ref>

====Secondary law====
The main legal acts of the European Union come in three forms: [[Regulation (European Union)|regulations]], [[Directive (European Union)|directives]], and [[Decision (European Union)|decisions]]. Regulations become law in all member states the moment they come into force, without the requirement for any implementing measures,<ref group="lower-alpha">{{Cite web |title=? |url=https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%253A61973J0034 |access-date=21 December 2022 |website=EUR-Lex |language=en}}</ref> and automatically override conflicting domestic provisions.<ref name="art249" group="lower-alpha" /> Directives require member states to achieve a certain result while leaving them discretion as to how to achieve the result. The details of how they are to be implemented are left to member states.<ref group="lower-alpha">To do otherwise would require the drafting of legislation which would have to cope with the frequently divergent legal systems and administrative systems of all of the now 28 member states. See Craig and de Búrca, p. 115.</ref> When the time limit for implementing directives passes, they may, under certain conditions, have [[direct effect]] in national law against member states. Decisions offer an alternative to the two above modes of legislation. They are legal acts which only apply to specified individuals, companies or a particular member state. They are most often used in [[competition law]], or on rulings on State Aid, but are also frequently used for procedural or administrative matters within the institutions. Regulations, directives, and decisions are of equal legal value and apply without any formal hierarchy<!-- What does that mean i don't know what article to link it to. -->.<ref>{{Cite web |title=How EU takes decisions |url=http://europa.eu/institutions/decision-making/index_en.htm |url-status=dead |archive-url=https://web.archive.org/web/20110102215021/http://europa.eu/institutions/decision-making/index_en.htm |archive-date=2 January 2011 |access-date=1 November 2010}}</ref>