European Union - Legal System

Legal System

Further information: European Union law, Treaties of the European Union, and Charter of Fundamental Rights of the European Union

The EU is based on a series of treaties. These first established the European Community and the EU, and then made amendments to those founding treaties. These are power-giving treaties which set broad policy goals and establish institutions with the necessary legal powers to implement those goals. These legal powers include the ability to enact legislation which can directly affect all member states and their inhabitants. The EU has legal personality, with the right to sign agreements and international treaties.

Under the principle of supremacy, national courts are required to enforce the treaties that their member states have ratified, and thus the laws enacted under them, even if doing so requires them to ignore conflicting national law, and (within limits) even constitutional provisions.

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Famous quotes containing the words legal system, legal and/or system:

    “There are ... two minimum conditions necessary and sufficient for the existence of a legal system. On the one hand those rules of behavior which are valid according to the system’s ultimate criteria of validity must be generally obeyed, and on the other hand, its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials.”
    —H.L.A. (Herbert Lionel Adolphus)

    “If he who breaks the law is not punished, he who obeys it is cheated. This, and this alone, is why lawbreakers ought to be punished: to authenticate as good, and to encourage as useful, law-abiding behavior. The aim of criminal law cannot be correction or deterrence; it can only be the maintenance of the legal order.”
    —Thomas Szasz (b. 1920)

    “Such is the remorseless progression of human society, shedding lives and souls as it goes on its way. It is an ocean into which men sink who have been cast out by the law and consigned, with help most cruelly withheld, to moral death. The sea is the pitiless social darkness into which the penal system casts those it has condemned, an unfathomable waste of misery. The human soul, lost in those depths, may become a corpse. Who shall revive it?”
    —Victor Hugo (1802–1885)