EU Law: Frequently Asked Questions European Union Law.

Find the answers to the most frequently asked questions about the European Union Law, often referred to as the EU Law.

The European Union Law (EU Law) is a system of laws operating within the 27 member states of the European Union (EU). Their legal principles includes treaties, regulations, directives, decisions, recommendations and opinions that member states are obliged to follow.

In our Insights Category European Union Law, more articles are shared about the various EU regulations, a crucial read for employers, HR professionals and employees.

In this article we address common questions and provide clarity on the important aspects of the EU Law.

European Union Law: Frequently Asked Questions & Answers

How many countries are in Europe?

Europe is one of seven continents in the world. According to the United Nations, the continent Europe consists of 44 recognised countries, while around 51 countries are often considered part of the continent.

The 44 countries according to the United Nations, that are part of Europe are:

Albania, Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Holy See, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, the Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia , Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom.

What is the EU?

The European Union, abbreviated as EU, is a group of 27 member states on the continent Europe, and not all countries in Europe are part of the EU.

The European Union is founded on the following values: human dignity, freedom, democracy, equality, rule of law and human rights. The EU’s values are laid out in article 2 of the Lisbon Treaty and the EU Charter of Fundamental Rights.

Europe is one of many continents, and according to the United Nations, Europe consists of 44 recognised countries, while around 51 countries are often considered part of the continent.

Who are the member states of the European Union?

There are currently 27 members states (countries) who are part of the European Union (EU).

The countries in the European Union are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Are Norway & Switzerland in the EU?

Norway and Switzerland are not part of the European Union. Switzerland would like to remain their neutrality and sovereignty, and in a series of referendums Swiss citizens voted against joining the EU.

Is UK in the EU?

The United Kingdom (UK) is in Europe, but not part of the European Union (EU). The UK left the EU on January 31, 2020 after a withdrawal deal was passed by Parliament. The withdrawal of the UK from the EU is referred to as Brexit. Although the UK is not part of the EU, it continued to participate in many EU institutions.

What is the difference between the EU and EEA?

The European Economic Area, abbreviated as EEA, consists of the Member States of the European Union (EU) and three countries of the European Free Trade Association (EFTA). These countries are Iceland, Liechtenstein and Norway; excluding Switzerland).

What are Schengen countries?

The Schengen agreement consist of 29 countries, allowing people to travel freely between member countries without going through border controls.

Schengen is the name of a small village in Luxembourg, on the border with Germany and France, where the Schengen Agreement was signed. Countries are able to willingly join the Schengen area and must fulfil a list of pre-conditions.

The Schengen area of countries consist of 25 of the 27 EU member states plus the 4 countries that form European Free Trade Association (EFTA):

The Schengen Countries are: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland.

What is EU Law?

EU Law is a system of laws operating within the 27 member states (countries) of the European Union. Their legal principles includes treaties, regulations, directives, decisions, recommendations and opinions that member states are obliged to follow.

The law is separated into two sources of EU law: 1. Primary Treaties and 2. Regulations, directives, decisions, recommendations and opinions.

The primary laws of the EU are contained in the treaties agreed between the member states. The secondary law are the regulations, directives, decisions, recommendations and opinions.

What are the fundamentals of EU Law?

The treaties (primary law) are binding agreements that set out the European Union’s objectives, institutional rules, decision-making processes, and the relationship between the EU and its members. They form the constitutional basis of how the EU is structured and governed.

The three main sources of primary law establishing the EU are: The Treaty on the Functioning of the European Union (TFEU), the Treaty on European Union (TEU), and the Treaty on the European Atomic Energy Community.

The treaties provide the detailed legal foundation for EU policies and institutional functions. In other words EU laws are created to achieve the objectives of the treaties and to implement EU policies.

What is the importance of EU Law?

The rule of law is a fundamental EU value that allows for the application of EU law, protects citizens’ rights and supports to boost a well-functioning single market. The EU laws are crucial for the functioning and unity of the European Union, economic integration, and fundamental rights.

What are the key institutions in the EU’s legislative process?

The legislative process in the EU involves several key institutions: the European Commission, European Parliament and the Council of the European Union, Court of Justice of the European Union (CJEU) and National Parliaments.

  • European Commission

The European Commission is responsible for writing, initiating and proposing new legislation. It is the only body with the formal right to propose new laws. If members states fail to properly implement EU laws, the Commission can launch a formal procedure against the member state.

  • European Parliament and the Council of the European Union

The EU law is passed when the European Parliament and the Council of the European Union jointly adopt legislation through the ordinary legislative procedure, where both institutions must agree on the final text for it becomes a law.

  • Court of Justice of the European Union (CJEU)

The Court of Justice of the European Union (CJEU) ensures that EU law is interpreted and applied uniformly across all member states. It resolves disputes regarding the interpretation and application of EU law.

  • National Parliaments

The national parliaments receive the legislative proposals at the same time as the European Parliament and the Council.

The ordinary legislative procedure is the most common method for adopting EU laws. It involves multiple readings and potential amendments by both the Parliament and the Council. If disagreements persist, a conciliation committee is formed to reach a compromise.

How does a law become nationally effective, for example, in the Netherlands?

A large portion of Dutch legislation is influenced or even driven by EU law. If there is a conflict between EU law and Dutch national law, EU law prevails. EU law becomes effective in the Netherlands through two main types of legal instruments: EU Regulations and EU Directives.

  • EU Regulations

These laws automatically become binding in all EU member states, including the Netherlands, without needing to be transposed into national law.

  • EU Directives

Directives are binding as to the result, but not the form: Directives set goals that all EU countries must achieve, but each country decides how to implement them.

The Netherlands must pass or amend national laws to meet the directive’s objectives by a set deadline.

Step 1: Laws or adjustments to current laws in the Netherlands typically begin with a proposal, originating from various sources such as government bodies, political parties, or interest groups. The proposal moves to the ambassadorial preparatory stage, involving discussions among high-ranking officials.

Step 2: Subsequently, it proceeds to the sub-cabinet, an assembly of ministers with subject matter expertise.

Step 3: The government (the King and ministers) submits a legislative proposal, known as a government proposal.

Step 4: Upon approval by the First and Second chamber, the King and the responsible minister sign the law. After publication in the State Gazette, the law comes into effect.

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