Sekundäärioikeus

Sekundäärioikeus refers to a legal concept primarily found in civil law systems, particularly within the context of European Union law. It denotes a legal basis for an action or a right that is derived from or dependent upon another primary legal basis. In essence, it is a secondary or subordinate right that exists because a primary right or obligation exists.

This concept often arises when a legal instrument or provision establishes a primary rule and then, in subsequent articles or paragraphs, outlines secondary rights or remedies that can be invoked if the primary rule is breached or not fulfilled. For example, a contract might establish a primary obligation for one party to deliver goods, and then a secondary right for the other party to claim damages or seek specific performance if the delivery fails.

In the context of EU law, sekundäärioikeus can be seen in the relationship between primary law (treaties) and secondary law (regulations, directives, decisions). While primary law sets out fundamental principles and objectives, secondary law provides the detailed rules and mechanisms for achieving them. A citizen might have a primary right derived from a treaty, and a secondary right established by a directive to enforce that treaty right. The precise meaning and application of sekundäärioikeus can vary depending on the specific legal system and the context in which it is used. It is a concept that helps to structure legal frameworks, ensuring that appropriate remedies and mechanisms are available to uphold fundamental legal principles.