About the Lawcards Series

European Union Lawcards Glossary

Click on the glossary term to see the definition

Chapter 1

Acquis communautaire
The body of European Community law which applies in Member States
Advocate-General
Officer of the European Court of Justice having the same status as a judge who delivers a non-binding, independent and impartial Opinion on the possible outcome of the case before it.
Charter of Fundamental Rights
Charter of the common values of Member States.
Committee of the Regions
An advisory body made up of regional representatives from each Member State
Common external tariff
A harmonized customs duty applicable to goods from non-member states
Community law
The body of European Community law including primary and secondary legislation, general principles of law and decisions of the European Court of Justice
Court of First Instance
This court was provided for in the Single European Act 1986 and established in 1989 to ease the workload of the European Court of Justice.
Court of Justice
Known as the ECJ. This court is responsible for the interpretation and application of Community law.
Economic & Social Committee
An advisory body made up of representatives of various categories of economic and social interests from each Member State.
European Community Law
The law relating to the EC Treaty only which is found in the first pillar of the European Union.
European Union Law
The law of the European Union established by the Treaty on European Union which comprises the three pillars of the European Communities; the Common Foreign & Security Policy and Police and Judicial Cooperation in Criminal Matters.
Inter-governmental conference
Known as the IGC. It is made up of heads of state of Member States (i.e. the European Council) when it is concerned with amending primary legislation.
Internal market
A common market or single market for all economic activity made up of all Member States.
Luxembourg Accords
A compromise reached in 1966 following a stalemate between France and the other Member States. It permits a Member State to request that a decision be reached by unanimity when it concerns an issue of national interest.
Proportionality
A German concept adopted by the Community. A public authority may not impose obligations on a citizen except to the extent that they are proportionate to the aim that is sought.
Qualified majority voting
A form of voting in the Council of the the European Union by which each Member State's votes are weighted to reflect its population.
Schengen agreement
An agreement between some Member States to abolish immigration checks at their shared borders.
Subsidiarity
The principle that decisions on topics, which are not within the Community's exclusive competence, should only be taken by the Community when action cannot be sufficiently achieved by Member States.
Three pillars
The European Union was established by the Treaty on European Union and is made up of three pillars - the European Communities; the Common Foreign and Security Policy; Police and Judicial Co-operation in Criminal Matters.

Chapter 2

Direct applicability
Directly applicable EC law takes effect in a Member State without the need for implementation
Direct effect
Directly effective EC law gives rights and obligations to individuals which may be enforced in national courts
Force majeure
Coercion
Incidental Horizontal Direct Effect
the term used to describe the effects of judgments in where the ECJ has allowed a directive designed to regulate free movement of goods and which does not creates rights and obligations for individuals to be relied upon by a private party in civil proceedings with another private party.
Implementing legislation
National legislation which implements an EC directive.
Indirect effect
A principle developed by the ECJ which requires national courts to interpret domestic legislation in the light of a directive.
Non-retroactivity
Principle that law should not be applied retrospectively.
Primacy
Otherwise known as Supremacy. EC law is supreme, i.e. it prevails over conflicting national law.
Preliminary reference
The procedure by which national courts may seek a preliminary ruling from the ECJ or CFI regarding the interpretation of primary or secondary legislation, or regarding the validity of secondary legislation.
State liability
where an individual can bring an action for damages against a Member State for a sufficiently serious breach of Community law.
Vertical direct effect
A provision of EC law which is enforceable in national courts against the state or the emanation of a state.

Chapter 3

Action for annulment
Also known as judicial review. The ECJ or CFI have jurisdiction to review the acts of Community institutions on grounds set out In Art.230 of the EC Treaty and to annul that act.
Co-decision procedure
Most common legislative procedure of the European Parliament which gives it the power to adopt secondary legislation jointly with the Council of the European Union.
Competition law
Rules of the European Community designed at maintaining competition within the common market. Thus art.81 of the EC Treaty prohibits anti-competitive agreements between undertakings.
Consultation procedure
Legislative procedure whereby the Council of the European Union is required to consult the European Parliament.
Co-operation procedure
Legislative procedure enabling the European Parliament to delay legislation if its amendments are not adopted.
Direct concern
One of the requirements for locus standi set out in Article 230 (4) EC whereby an individual must show that there is a direct causal link between a Community measure and its impact on themselves in order bring an action for judicial review.
Enforcement proceedings
Action brought against a Member State which is in breach of EC law. Proceedings may be brought by the Commission or more rarely by an aggrieved Member State.
Enlargement
The widening of the membership of the European Union
European Civil Service Tribunal
a specialist judicial panel set up after the Treaty of Nice 2001 to relieve the work burden of the ECJ and CFI. It deals exclusively with disputes involving the employees of the Community institutions.
Individual concern
One of the requirements for locus standi set out in Article 230 (4) EC whereby an individual must show that a Òdecision affects them by reason of certain attributes which are peculiar to them or by reason of circumstances in which they are differentiated from all other personsÓ: Plaumann [1963].
Judicial review
See action for annulment above.
Ombudsman
European Ombudsman who considers complaints brought by citizens of the EU regarding maladministration by Community institutions.
Plenary session
A full session of all members e.g. of the European Parliament, of the Court of Justice.

Chapter 4

Abstract theory
theory which argues that only the highest court in the land is under an obligation to refer to the ECJ under Article 234 (3) EC.
Acte clair
Adopted from the French legal system - refers to the situation where the correct interpretation is so obvious as to leave no scope for reasonable doubt.
CRCs
Community Regional Courts - a suggested reform of the EC judicial system.
Concrete theory
theory which argues that any court which is judging in final instance in a particular case is under an obligation to refer to the ECJ under Article 234 (3) EC.
Enforcement proceedings
Action brought against a Member State which is in breach of EC law. Proceedings may be brought by the Commission or more rarely by an aggrieved Member State.
Interim proceedings
Proceedings taken in the course of an action and incidental to the main action.
Preliminary reference
The procedure by which national courts may seek a preliminary ruling from the ECJ or CFI regarding the interpretation of primary or secondary legislation, or regarding the validity of secondary legislation

Chapter 5

Citizenship
A person is a citizen of the EU if he/she holds the nationality of one of the Member States.
Derogation
An exception to the rule.
Direct effect
Directly effective EC law gives rights and obligations to individuals which may be enforced in national courts
Economically active person
A person who is a worker or who is self employed, i.e. will not be a burden on the state.
Indirect discrimination
in the context of EC Equality law, this refers to neutral criteria which may have a greater adverse effect on one sex, when compared to another.
Objective justification
in the context of EC Equality law, ground on which a Member State may justify indirect discrimination against one gender compared to the other.
Public policy
In the interests of the public as a whole.
Schengen agreement
An agreement between some Member States to abolish immigration checks at their shared borders.
Social advantage
An advantage granted to migrant workers and their families. Not synonymous with social security.
Sui generis
Of its own kind.

Chapter 6

Derogation
An exception to the rule.
Equal treatment
in the context of free movement of persons, the right of an EU citizen to be treated under the same conditions as nationals.
Migrant worker
worker who leaves their home. State to work in one of the other Member States.
Non-discriminatory measure
national measure which is not directly or indirectly discriminatory, but hinders market access.
Non-economically active persons
referred specifically to three categories of persons, namely students, retired persons and persons who are self-sufficient, who were granted rights of free movement in the 1990s subject to certain conditions.
Objective justification
in the context of free movement of persons, ground on which a Member State may justify indirect discrimination or hindrance of market access by non-discriminatory measures.
Positive discrimination
A German concept adopted by the Community. A public authority may not impose obligations on a citizen except to the extent that they are proportionate to the aim that is sought.
Proportionality
A German concept adopted by the Community. A public authority may not impose obligations on a citizen except to the extent that they are proportionate to the aim that is sought.
Protocol to the Treaty
Protocols are annexed to Treaties and often contain opt-out provisions.
Purposive approach
An approach to interpretation whereby the court interprets the legislation so as to achieve its overall purpose.
Transparency
Openness.
Substantive law
The actual law as opposed to procedural law.

Chapter 7

Common customs tariff
A harmonized customs duty applicable to goods from non-member states
Customs duty
A levy charged by the state at its border
Customs union
A union of member states which prohibits customs duties at its common borders.
Derogation
An exception to the rule.
Distinctly applicable measures
national trading rules which apply to imported goods only.
Dual-burden rules
national trading rules, which normally relate to the characteristics of the product to be sold, which apply to both domestically produced goods and imports and which impose an additional burden on importers. They may dissuade or prevent importers from selling their goods in other Member States.
Equal-burden rules
national trading rules which may hinder trade overall, but their impact on domestic producers and importers is the same. These rules normally relate to the way in which a good is sold or marketed.
Indistinctly applicable measures
national trading rules which apply to both domestically produced goods and imports.
Non-discriminatory measure
national measure which is not directly or indirectly discriminatory, but hinders market access.
Objective justification
in the context of free movement of goods, ground on which a Member State may justify indirect discrimination against imports subject to the principle of proportionality.
Indirect discrimination
in the context of free movement of goods, this refers to neutral criteria which may have a greater adverse effect on imports, when compared to domestic products.
Mandatory requirement
grounds on which a Member State may justify a restriction which hinders imports from another Member State provided it complies with the proportionality requirement.
Proportionality
A German concept adopted by the Community. A public authority may not impose obligations on a citizen except to the extent that they are proportionate to the aim that is sought.
Protectionism
Rules imposed by a state with a view to protecting domestic traders from competition from foreign importers.
Quantitative restrictions
Measures which constitute a total or partial restraint on the import or export of goods, e.g. a ban or a quota system.
Rule of mutual recognition
This rule provides that once goods have been lawfully marketed in one member state, they should be free to be marketed without restriction in other member states.
Rule of reason
A restriction which might otherwise be unlawful should be permitted if it is in the public's interest and is proportionate.