The supranational Character of European Union law/ Primacy of European Union Law:

EU= supranational organisation + international organisation (it stems from the Treaty of Lisbon) concluded between sovereign States which has its own institutions which act independently from MS, it may take decisions by a majority binding on all MS (autonomous decision-making), its institutions supervise the proper implementation of these decisions by MS + the EU founding Treaty and decisions may give rise to various rights and obligations on the part of individuals these rights and obligations are directly enforceable by courts in the MS (even in case of conflicting provisions of national law) the EU constitutes a separate legal order. E.g.: In Van Gend & Loos Case the ECJ stated for the very first time that (back then) Community law not only imposes obligations on individuals but is also intended to confer on them “rights which will become part of their legal heritage” + “The Community constitutes a new legal order of international law for the benefit of which the States have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only Member States but also their nationals.” In Costa v. Enel Case the ECJ formulated the rule of primacy of (back then) Community law over national (domestic) law of MS (national courts and tribunals are automatically required to apply Community law in the context of the national legal system.

Subsidiarity + proportionality- important principles in earlier regulations:

The principle of subsidiarity is defined in Article 5 of the Treaty establishing the European Community. It is intended to ensure that decisions are taken as closely as possible to the citizen and that constant checks are made as to whether action at Community level is justified in the light of the possibilities available at national, regional or local level. Specifically, it is the principle whereby the Union does not take action (except in the areas which fall within its exclusive competence) unless it is more effective than action taken at national, regional or local level. It is closely bound up with the principles of proportionality and necessity, which require that any action by the Union should not go beyond what is necessary to achieve the objectives of the Treaty. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.

The institutions of the Union shall apply the principle of subsidiarity as laid down in the Protocol on the application of the principles of subsidiarity and proportionality.

Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties. (Article 5 of the Treaty on European Union)

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ACQUIS COMMUNAUTAIRE (= the Community acquis)- since the Treaty of Lisbon came to force it is called: “The Union acquis”- this term means the whole of the accumulated achievement of the EU (and primarily of the European Communities), i.e. the whole of the accumulated EU legislation (legal acts; issued documents) as well as the ECJ case law, which constitutes the body of the European Union law

Compare: The Schengen acquis integrated into the EU