Legal terminology and EU law knowledge
What this domain tests
This domain checks that you can name, distinguish and use EU legal concepts precisely - both when translating and when answering terminology questions. You need the hierarchy of norms, the main procedures and the exact English terms for acts, courts and remedies.
Sources and hierarchy
- Primary law: TEU, TFEU, the Charter of Fundamental Rights and general principles. Secondary law must be compatible with the Treaties.
- Secondary law - Article 288 TFEU: a regulation is binding in its entirety and directly applicable in all Member States; a directive is binding as to the result, leaving the choice of form and methods to national authorities; a decision is binding in its entirety, and where it specifies addressees it binds only them. Recommendations and opinions have no binding force.
- Delegated and implementing acts: Articles 290 and 291 TFEU. Delegated acts supplement or amend non-essential elements; implementing acts ensure uniform application.
Institutions and procedures
The ordinary legislative procedure is Article 294 TFEU: Commission proposal, Parliament and Council. The Court of Justice of the European Union comprises the Court of Justice and the General Court. Key actions are the preliminary ruling (Article 267 TFEU), infringement (Article 258), annulment (Article 263) and failure to act (Article 265). Post-Lisbon, say “Union law”, not “Community law”; “acquis” is acceptable shorthand.
Worked example
Question: “An act is binding as to the result to be achieved but leaves the national authorities the choice of form and methods. What is it?” Reasoning: that is the Article 288 TFEU definition of a directive. A regulation would be “binding in its entirety and directly applicable”; a decision would be binding in its entirety and, where it has addressees, only on them. Answer: directive.
Traps
- Confusing “regulation” with “directive” or “decision”; calling a court ruling a “regulation”.
- Using “judgment” and “decision” interchangeably: the Court gives a judgment; the Commission adopts a decision.
- Saying “European Court of Justice” for the whole EU judiciary; the institution is the Court of Justice of the European Union.
- Writing “Community law” for the post-2009 legal order.
- Mixing up annulment (Article 263) and failure to act (Article 265).
- Rendering “directive” as “directive” but then translating “règlement” as “ruling”.