gemenskapsrätt

Gemenskapsrätt, often translated as Community Law or Union Law, refers to the unique legal order of the European Union. It is a body of law that governs the relationships between the EU's member states and their citizens. The primary sources of gemenskapsrätt include the founding treaties of the EU, such as the Treaty on European Union and the Treaty on the Functioning of the European Union. In addition to treaties, secondary legislation, comprising regulations, directives, and decisions, is a crucial component. Regulations are directly applicable in all member states, while directives require member states to implement their objectives through national legislation. Decisions are binding on those to whom they are addressed.

Gemenskapsrätt operates on the principle of direct effect, meaning certain provisions can create rights and obligations for individuals that national courts must uphold. It also adheres to the principle of supremacy, whereby EU law takes precedence over conflicting national law. This legal system is developed and interpreted by EU institutions, primarily the Court of Justice of the European Union, ensuring its uniform application across all member states. The overarching goal of gemenskapsrätt is to promote economic integration, social cohesion, and the establishment of an area of freedom, security, and justice within the EU.