FE-1 Law of the European Union key terms

The accumulated body of EU law - Treaty provisions, secondary legislation, general principles, case law and international agreements - which candidate countries must accept in full before joining the Union.

The Treaties (TEU, TFEU and Euratom), their annexes and protocols, together with the Charter of Fundamental Rights and accession or amendment treaties; these rank above all other sources of EU law.

A binding EU act that sets an objective Member States must achieve by a deadline, leaving the choice of form and method to national authorities; it must be transposed into national law.

A binding EU act of general application that is directly applicable in every Member State without transposition and can confer rights and duties on individuals immediately on entry into force.

The rule in Article 5 TEU that the Union acts only within the limits of the competences the Member States have conferred on it in the Treaties, so any measure lacking a legal basis is invalid.

The principle that, in areas outside its exclusive competence, the Union acts only if objectives cannot be sufficiently achieved by Member States and can be better achieved at Union level.

The default decision-making process under Article 294 TFEU, in which the Commission proposes and the European Parliament and the Council adopt legislation jointly as co-legislators, usually by qualified majority.

The EU institution that proposes most legislation, manages and enforces EU law, negotiates international agreements and acts as guardian of the Treaties, including by opening infringement proceedings.

The institution composed of national ministers, organised by policy area, which adopts legislation jointly with Parliament and coordinates Member State policies; it votes by qualified majority in most areas.

The directly elected institution that represents Union citizens, shares legislative power with the Council under the ordinary procedure, and exercises democratic scrutiny and budgetary authority.

The rule, developed by the Court of Justice, that EU law prevails over conflicting national law, including later national legislation and constitutional provisions, and that national courts must set such conflicts aside.

The capacity of a provision of EU law to be relied on before a national court and to confer rights or obligations that courts must protect, provided it is clear, precise and unconditional.

The possibility of invoking a provision of EU law against another private party, such as a company or an individual, rather than against the State or a public authority.

The duty of national courts to interpret domestic law, so far as possible, in the light of the wording and purpose of a directive, even where that directive has not been properly transposed.

A limit, such as a quota or an outright ban, on the quantity of goods that may be imported or exported between Member States, prohibited by Article 34 TFEU.

Any national rule or practice capable of hindering, directly or indirectly, actually or potentially, trade between Member States, as defined in Dassonville, covering both discriminatory and non-discriminatory measures.

Justifications developed by the Court for indistinctly applicable national measures, such as consumer protection, fairness of commercial transactions, fiscal supervision and protection of public health, applied subject to proportionality.

National rules on when, where and by whom goods may be sold that apply to all traders and affect domestic and imported goods equally; such rules fall outside Article 34 TFEU.

Express grounds - public morality, public policy, public security, health, and protection of national treasures or industrial property - allowing Member States to justify restrictions, provided they are proportionate and not a disguised restriction.

The status under Article 20 TFEU held by anyone with the nationality of a Member State, which confers the right to move and reside freely within the Union and to equal treatment in defined situations.

A person who performs genuine and effective work for an employer under direction in return for remuneration, thereby qualifying for rights of movement, residence and equal treatment under Article 45 TFEU.

The right of individuals and companies to take up and pursue self-employed activity in another Member State on a stable and continuous basis, subject to non-discriminatory conditions under Article 49 TFEU.

The right to supply services temporarily in another Member State under Article 56 TFEU, where the provider is established elsewhere in the Union and the activity is genuinely temporary in nature.

Prohibits agreements, decisions and concerted practices between undertakings that restrict competition, affect trade between Member States and are not exempt; such arrangements are automatically void under Article 101(2).

Prohibits abuse by one or more undertakings of a dominant position within the internal market or a substantial part of it, in so far as the abuse may affect trade between Member States.

A selective advantage granted to particular undertakings by a Member State through state resources, which distorts or threatens to distort competition and is incompatible unless justified under Article 107 TFEU.

The jurisdictional test for the competition and State aid rules; it asks whether a practice or aid may influence the pattern of trade between Member States, directly or indirectly, actually or potentially.

The action the Commission, or exceptionally another Member State, brings before the Court of Justice against a Member State for failing to fulfil a Treaty obligation, after a formal letter and a reasoned opinion.

The procedure under Article 267 TFEU allowing national courts to ask the Court of Justice to interpret EU law or rule on its validity, with a duty to refer for courts of last resort.

The doctrine that a national court of last resort need not refer a question where the correct application of EU law is so obvious that no reasonable doubt remains about it.

A direct challenge under Article 263 TFEU to the legality of acts of the EU institutions, open to privileged, semi-privileged and, subject to standing tests, non-privileged applicants within two months.

The obligation of Member States to compensate individuals for loss caused by breaches of EU law, provided the rule confers rights, the breach is sufficiently serious and causation is shown.

The condition for damages where a Member State or EU institution manifestly and gravely disregarded the limits on its discretion; factors include the clarity of the rule and whether the conduct was excusable.

The general principle, now expressed in Article 47 of the Charter, requiring national courts to provide remedies sufficient to ensure legal protection of rights derived from EU law.

The principle that, in the absence of EU rules, each Member State lays down the procedural conditions for enforcing EU rights, subject to the principles of equivalence and effectiveness.

The EU instrument, given the same legal value as the Treaties by Article 6 TEU, codifying civil, political, social and economic rights binding on EU institutions and on Member States implementing EU law.

A general principle requiring that measures be suitable and necessary to achieve a legitimate objective and not impose burdens exceeding what is needed; applied to EU acts and to national restrictions on free movement.

The general principle prohibiting differential treatment of comparable situations unless objectively justified, underpinning Treaty rules on nationality discrimination and the secondary legislation on protected characteristics.

A general principle protecting expectations a party may reasonably derive from clear assurances given by an EU institution, provided those expectations are legitimate and the interest deserves protection.