What is a legal basis in EU law?
What is a legal basis in EU law?
The term ‘legal base’ refers to the part of one of the EU’s treaties (most commonly in the Treaty on the Functioning of the European Union) that gives the EU the legal right to act. If there is no basis in one of the treaties for EU action on an issue then the EU cannot enact legislation on that issue.
What does Article 114 TFEU mean?
measures for the approximation
Article 114 TFEU confers upon the EU the competence to enact ‘measures for the approximation’ (known also as ‘harmonisation’13) of national rules regarding the establishment and functioning of the internal market.
What is the EU legal order?
The European Union is in itself a source of law. The legal order is usually divided into primary legislation (the Treaties and general legal principles), secondary legislation (based on the Treaties) and supplementary law.
Is the TFEU binding?
Regulations are legal acts defined by Article 288 of the Treaty on the Functioning of the European Union (TFEU). They have general application, are binding in their entirety and directly applicable in all European Union countries. The regulation is adopted following a legislative procedure.
How do I choose a legal basis?
How to choose the right lawful basis
- contractual necessity – necessary to perform a contract with the individual;
- legal obligation – necessary to comply with a law that the controller is subject to;
- vital interests – necessary to protect or save a person’s life;
What is legal basis in law?
The ‘legal basis’ is the foundation for data processing under the GDPR. It means that if an organisation wants to process personal data, there is a need to identify specific legal grounds for the processing. You have a contract with the organisation. The organisation has a legal obligation.
What does Article 34 TFEU prohibit?
— Article 34 TFEU, which relates to intra-EU imports and prohibits ‘quantitative restrictions and all measures having equivalent effect’ between Member States; it reads ‘Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States’.
What are the three types of EU law?
Article 288 of the Treaty on the Functioning of the European Union also provides for non binding legal instruments. The three other main forms of actions that shape the EU legal order without having legally binding effect are Resolutions, Declarations and Action programmes.
What are the 3 sources of the European Union law?
There are three sources of EU law: primary law, secondary law and supplementary law (see hierarchy of norms). The main sources of primary law are the treaties establishing the EU: the Treaty on the EU, the Treaty on the Functioning of the EU and and the Treaty on the European Atomic Energy Community — Euratom.
Is an EU directive directly applicable?
The Court of Justice of the EU has held that EU treaties are directly applicable. In contrast, EU directives are not directly applicable, as member states must enact national implementing legislation by the transposition deadline to give effect to them.
Why legal basis is important?
Laws are also needed to safeguard the personal information of individuals by ensuring data remain confidential, secure and protected against misuse. Finally, a legal basis is needed to guarantee the permanence, continuity, universality and compulsoriness of civil registration systems.