EPSO Lawyer-Linguist key terms

The full body of EU law, rights and obligations built up over time, including treaties, legislation, case law and international agreements, which candidate countries must adopt and apply in full before joining the Union.

The principle that EU law prevails over conflicting national law when the two collide. National courts must set aside the incompatible domestic provision without waiting for it to be repealed or amended.

The capacity of a provision of EU law to be invoked by an individual before a national court. It may be vertical, against the State, or horizontal, between private parties, depending on the instrument.

A binding EU legislative act that sets a result to be achieved by Member States while leaving the choice of form and methods to national authorities, which must transpose it into domestic law by a deadline.

A binding EU legislative act that is directly applicable in all Member States and requires no national implementing measure, though it may still need operational arrangements at national level.

A binding EU act addressed to specific addressees, such as a Member State, a company or an individual. It is binding in its entirety on those to whom it is addressed.

The process by which a Member State incorporates the content of an EU directive into its national legal order, usually by adopting or amending legislation, and notifies the Commission of the measures taken.

The formal process under which the Commission may bring a Member State before the Court of Justice for failing to fulfil an obligation under the Treaties, typically after a letter of formal notice and a reasoned opinion.

A reference by a national court to the Court of Justice asking it to interpret EU law or rule on its validity, so that the national court can decide the case before it.

The principle that, outside areas of exclusive EU competence, the Union acts only where the objectives of a proposed action cannot be sufficiently achieved by Member States and can be better achieved at Union level.

The principle that the Union possesses only the competences conferred on it by the Member States in the Treaties; powers not so conferred remain with the Member States.

A general principle requiring that Union action not exceed what is necessary to achieve the objectives of the Treaties, and that measures be suitable, necessary and not impose excessive burdens.

Unwritten principles recognised by the Court of Justice as part of the EU legal order, including legal certainty, legitimate expectations, proportionality, equality and respect for fundamental rights, used to review EU and national measures.

The EU instrument that codifies civil, political, economic and social rights. It binds EU institutions and Member States only when they are implementing Union law, and it has the same legal value as the Treaties.

The default procedure for adopting EU legislation, under which the European Parliament and the Council act as co-legislators on a Commission proposal, with up to three readings and possible conciliation.

The system of committees of national representatives that assist and control the Commission when it adopts implementing acts, governed by rules on examination and advisory procedures.

An act adopted by the Commission, or exceptionally by the Council, to ensure that a legally binding EU act is applied uniformly across Member States, typically under committee procedures.

A non-legislative act adopted by the Commission to supplement or amend non-essential elements of a legislative act, under a mandate and subject to scrutiny by the European Parliament and the Council.

A legal measure that applies across sectors or policy areas rather than to one specific field, often setting common rules or procedures for several domains at once.

The interpretative maxim that a more specific rule prevails over a more general one. In EU drafting it determines which of two overlapping provisions governs a given situation.

The maxim that a later rule prevails over an earlier one of the same rank when they conflict. It is applied alongside the principle that specific rules prevail over general ones.

A numbered paragraph in the preamble of an EU act that states the reasons for and context of the operative provisions. Recitals aid interpretation but do not themselves create binding obligations.

The binding provisions of a legal act, as distinct from its preamble and annexes. Translators must render it with precision because it creates rights and obligations.

The introductory part of a legal instrument that sets out its legal basis, background and aims. In EU acts it consists of citations and recitals preceding the articles.

The Treaty provision or provisions that empower the Union to adopt a given act and determine the applicable procedure, such as the ordinary legislative procedure or the requirement of unanimity.

The state of an act that is treated in law as never having had legal effect, for example because of a defect in competence, procedure or form, as opposed to mere annulment.

The judicial cancellation of a legal act, typically by the Court of Justice under the action for annulment, which removes the act from the legal order from the date of judgment.

Describing a legal act or provision that lacks legal force and cannot be enforced, whether from the outset or following a judicial decision declaring it invalid.

A rule preventing a party from asserting a position or right that contradicts an earlier stance or conduct on which another party has relied to its detriment.

A general principle protecting a person who has relied on assurances or conduct of a public authority from having those expectations defeated without justification, subject to overriding public interest.

A standard requiring parties to act honestly and fairly in performing obligations and exercising rights, and not to abuse a position to the detriment of another party.

The improper exercise of a legal right for a purpose other than that for which it was granted, which may be denied legal effect by courts or regulators.

An unforeseeable and irresistible event beyond a party's control that prevents performance of an obligation and may excuse liability or suspend performance under the applicable rules.

A situation in which performance of a contract becomes substantially more onerous because of changed circumstances, potentially allowing renegotiation or adaptation rather than outright excuse.

A form of liability in which each liable party may be pursued for the whole debt or damage, while the paying party may then seek contribution from the others.

A word in the target language that resembles a source-language term but carries a different meaning, a frequent trap in legal translation, for example when rendering cognate legal concepts.

A loan translation that reproduces the structure of a source-language expression word for word in the target language, often producing unnatural or misleading legal phrasing.

A rendering that follows the source wording and syntax closely. In legal texts it may preserve precision but risks distorting meaning where the legal systems differ.

A translation strategy that replaces a source-language legal concept with the target-language concept performing the same function in its legal system, rather than a word-for-word rendering.