Spring 2007
Table of Contents
Where to Start
EU Institutions
Background Information
Legislation
Treaties
Legislative Documents
Directives
Case Law
Periodicals
Citing to EU Documents
Current Awareness
Other Internet Sites
Introduction
The European Union (EU) is an supranational organization currently composed of 25 European countries who have decided to cooperate on a number of issues (economic, monetary, security, etc.) and adopt uniform laws. For more information, read the brief history of the European Union.
For more information, see Encyclopedia of the European Union (Boulder: Lynne Rienner Publishers, 2000) and Introduction to the Legal System of the European Union (Dobbs Ferry, N.Y.: Oceana Publications, 2001).
Be aware of eurojargon. Sometimes you may need to consult a glossary for help with definitions of unfamiliar terminology. See also this collection of sources for terminology.
Where to Start
As with researching any international topic, you may want to start with a research guide.
Introduction to International Organizations (L. Louis - Jacques and J. Korman, eds., New York: Oceana Publications, 1996).
T. Reynolds & A. Flores, Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World (Littleton, CO: Rothman, 1989-). See also the electronic version, Foreign Law Guide. See section on "European Communities." (UCB only).
C. Germain, Germain 's Transnational Law Research (Ardsely-on-Hudson, N.Y.: Transnational Juris Publications, 1991-).
Accidental Tourist on the New Frontier: an Introductory Guide to Global Legal Research (Littleton, CO: Rothman, 1998).
International Information: Documents, Publications, and Electronic Information of International Governmental Organizations (2 vols., 2nd ed., P. Hajnal ed., Englewood, CO: Libraries, 1997-). See chapter 3.
There are many useful web guides that point to print and electronic resources.
The Europa web site is a good place to look for information on EU institutions and other bodies.
The Commission has both executive and administrative roles. The Commission is organized into departments, called Directorate Generals, responsible for drafting legislation and overseeing its implementation. In its executive capacity, the Commission acts as the "government" in a Parliamentary system by initiating legislation and submitting proposals to the Council of the European Union. The Commission also oversees Member States' implementation of directives and enforces regulations.
| Documents |
The Commission proposals transmitted to the Council of the European Union and the European Parliament, see COM documents for explanatory memorandum and proposed legislative text; and see C series (OJ) for proposed legislative text only. Also produces Green and White Papers and SEC documents. Green papers are discussion papers published by the Commission on a specific policy area. White papers are documents containing proposals for Community action in a specific area. SEC documents are internal documents associated with the decision making process and the general operation of Commission departments. |
The Council of the European Union represents the Member States, acts on Commission proposals, and has the final legislative authority. The Council may request that certain legislation be proposed and may conduct any necessary studies to help achieve the goals of foundational treaties. The Council also has treaty-making power.
| Documents | Issues working papers on legislation, minutes and other documents. See the Documents section of the web site for more information on publicly available documents. |
The European Parliament is composed of Representatives directly elected by the populations of the Member States. In most cases, the Council is required to submit proposed legislation to the European Parliament for comment. The Parliament acts as a forum for debate and questioning of the Council and Commission. The appropriate committee of the Parliament scrutinizes the proposed legislation and a rapporteur is selected to draft a report and opinion for consideration at the plenary meeting. The Parliament adopts legislation "in codecision" with the Commission.
| Documents | For first or second reading of Commission proposals, see Reports, which generally consists of three parts: 1) record of Committee's action, 2) explanatory memorandum providing background on issue and reason's for Committee's recommendation, and 3) text of the draft opinion. Minutes of plenary session considering rapporteur's report are printed in the C series (OJ). Debates of the plenary sessions of Parliament are in the Annex of the (OJ). The register of documents is available on the Parliament's web site. |
The Economic and Social Committee is an advisory body representing industry, labor and consumers, is composed of members appointed by the Member States. During the legislative process, the Council of Ministers may be required to or may decide to seek the opinion of the Committee.
| Documents | For texts from the Economic and Social Committee, see C series (OJ), and Opinions and Reports, Economic and Social Committee. See the Documents section of the Committee's web site. |
The European Court of Justice is the highest legal authority in the EU. The Court is empowered to decide cases involving interpretation and application of the Treaties. EU institutions and Member States may appeal and take each other to court for failure to implement or properly apply the Treaties and derived legislation (for example, the Commission will file a case against a Member State for not implementing a directive). Legal or natural persons may appeal to the Court against a decision addressed to him or any regulation or decision which is of direct concern. The Court will also issue prejudicial decisions in cases referred to it by national courts when questions of Community law are involved. The Court is assisted by advocate-generals, who present a reasoned and independent opinion of the issue of law in the case. While there is no formal stare decisis, the Court tends to follow its own decisions. The decisions are binding on the national courts of Member States. In 1989, the Court of First Instance began functioning, hearing disputes between community civil servants and their institutions, actions in the field of competition law, actions under anti-dumping law and actions under the ECSC Treaty. There is also a European Court of Auditors that is responsible for checking on the management of the EU budget.
| Documents | Text of opinions for both courts are officially available in the European Court Reports series (ECR), the Court's web site, and unofficially from other publishers. |
Decision Making within the EU
Decision making involves the Commission, the Parliament, and the Council. The Commission proposes legislation and the Council and Parliament actually pass the laws. EU treaties specify the rules and procedures for such decision making. There are three main procedures for enacting new legislation: codecision, consultation and assent. "The main difference between them is the way Parliament interacts with the Council. Under the consultation procedure, Parliament merely gives its opinion; under the co-decision procedure, Parliament genuinely shares power with the Council. The European Commission, when proposing a new law, must choose which procedure to follow. The choice will, in principle, depend on the 'legal basis' of the proposal." For more information, see the Decision-Making in the European Union.
There are many other bodies and agencies that handle other functions within the EU, see IEU institutions and other bodies.
To locate more sources, conduct a subject search LawCat using the subjects: law -- European economic communities; law -- European union countries; or European union.
Borchardt. The ABC of Community Law (5th ed., Luxembourg: Office for Official Publications of the European Communities, 2000). Also available on EurLex .
Dinan, Encyclopedia of the European Union (Updated ed., Boulder: Lynne Rienner Publishers, 2000).
Craig, EU Law: Text, Cases, and Materials (Oxford; New York: Oxford University Press, 2003).
Encyclopedia of European Union Law (London : Sweet & Maxwell, 1996-).
Folsom, European Union Law in a Nutshell (4th ed., St. Paul, MN.: Thomson/West, 2004).
Hartley, The Foundations of European Community Law: An Introduction to the Constitutional and Administrative Law of the European Community (5th ed., Oxford; New York: Oxford University Press, 2003).
Lasok, Law and Institutions of the European Union (7th ed., London: Butterworths, 2001).
Lenaerts, Constitutional Law of the European Union (2nd ed., London: Thomson/Sweet & Maxwell, 2005. ).
Mathijsen, A Guide to European Union Law (8th ed., London: Sweet & Maxwell, 2004).
Rudden and Wyatt's EU Treaties and Legislation (9th ed., New York: Oxford University Press, 2004).
Wyatt, Wyatt and Dashwood's European Community Law (4th ed., London: Sweet & Maxwell, 2000).
For a quick overview of Community law, see About EU Law.
There are different types of Community legal instruments. Primary legislation includes the founding (or constitutive) treaties (from the ESCS Treaty of 1957 to the Treaty of Nice). A second source of primary law consists of the treaties between Member States and treaties between the EU and third parties. The major source of Community legislation is secondary legislation: regulations, directives, decisions, and opinions of the Court of Justice.
Relevant subject headings include: European union; European economic community; European coal and steel Community; or euratom.
Treaties Establishing the European Communities, Treaties Amending these Treaties, Documents Concerning Accession ([Luxembourg]: Office for Official Publications of the European communities, 1978).
Official Journal (see section VI.A. for more information on the OJ). Encyclopedia of European Union Law. Constitutional Texts (formerly Encyclopedia of European Community Law) (London : Sweet & Maxwell, 1996-).
European Union Law Reporter (formerly Common Market Law Reporter) (Bicester, Oxfordshire : CCH Editions Ltd., 1996-).
LexisNexis (EURCOM library; TREATY file) or if using the web version select the "Legal (excluding the US)" directory and select "European Union."
Westlaw (EU - Treaties) or if using the web version, select "International/ Worldwide Materials" and then select "European Union."
Web Sources:
- Treaties (including consolidated versions, accession treaties, and founding treaties)
- Multilaterals Project
European Constitution
The Treaty establishing the Constitution for Europe was signed on October 29, 2004. These web sites provides access to documentation related to the negotiation and drafting.
- European Convention
- European Constitution (contains many documents and proceedings as well as a copy of the draft constitution.)
- Statewatch: Annotated text of EU Constitution
B. Treaties between the EU and Third Parties as well as Treaties Concluded between EU Member tates
Relevant subject heading include: European economic community countries--foreign relations--treaties; European economic community countries--commercial treaties; European economic community countries--foreign economic relations.
Legislative DocumentsEncyclopedia of European Union Law. Constitutional Texts (formerly Encyclopedia of European Community Law) (London : Sweet & Maxwell, 1996-).
See the Official Journal (next).
See the sources listed above.
A. The Official Journal (OJ), the official gazette of the Community, is published daily.
The OJ is divided into the following series: The L Series contains adopted treaties and legislation, including directives and regulations, adopted by the Commission and Council, and other finding acts. The C Series is the "Information and Notices" section of the OJ containing non-binding decisions and resolutions of the institutions, texts of proposed legislation, minutes of the Parliament, Commission and Council replies to written questions, opinions of the Economic and Social Committee, and notices of Court decisions.
Law: L & C Series (1974-). L Series, C Series. Prior to 1972, the OJ was not published in English. When the UK joined, all legislation in force was translated and published into English in a special edition of the OJ (1952-1972). The OJ is also available on Lexis and Westlaw. The OJ is also available on the EUR-Lex web site. The coverage of the OJ on EUR-LEX is from 1998 to present, but the coverage is expanding so check this site often. Document format may vary.
B. Citations - What do the numbers mean?
| Official Journal: | 1993 OJ L 95/29 | 1993 = Year L95 = Issue in L Series 29 = page # in Issue L95 |
| Regulations: | (EC) 2913/92 | EC = Community initials 2913 = number of regulation numbered consecutively 92 = year |
| Other legal acts: | 93/13 (EC) | 93 = year 13 = number of decision or directive EC = Community initials |
You must know what type of legal act you have since directives, commission decisions and recommendations can have the same citation. For example, 93/13 (EC) could be a directive or a decision.
C. Indexes/Directories to Official Journal
Index to the Official Journal of the European Community (Luxembourg: European Communities, 1979-).
Vol. 1: Alphabetical Index. Issued monthly & cumulated annually; covers EC legislation and lists filed cases and final judgments of the European Court of Justice. Particularly useful with year and subject.
Vol. 2: Methodological Table. Issued monthly & cumulated annually; arranged by document number with regulations listed first, followed by directives and decisions.Directory of Community Legislation in Force and other acts of the Community Institutions (Luxembourg: Office of Official Publications of the European Communities, 1984-2004).
Produced in June and December, each publication is a cumulation including all binding secondary EC legislation in force from 1952 to the present. Volume I consists of 20 topical chapters with legislation arranged by subject. Volume II is a chronological and alphabetical index of legislation found in Vol. I. Provides quick access to complete history of legislative acts. Also available on the EUR-Lex web site.The EUR-Lex database has merged with the CELEX database to provide free access to to EU law. The database provides access to treaties and agreements, legislation in force, case-law, and more. During the transitional phase, there is a simple search available.
Bulletin of the European Union (formerly Bulletin of the European Communities) (Brussels: European Commission, Secretariat-General, 1994-). Issued 10 times a year. It reports on the activities of the Commission and the other Community institutions. Contains a subject index and references to the OJ and other relevant documents. Available on the web from 1996 to present.
Legislation in Force. Contains the integrated version of Community legislation, with announcements and corrections.
Encyclopedia of European Community Law: C, Secondary Legislation (London: Sweet & Maxwell, 1973-).
European Current Law: Monthly Digest (Andover, England: Sweet & Maxwell, 1992-). Subject index to regulations and directives. Cummulated annually and published as European Current Law Year Book.
D. Other Legislative Documents
References to many of these documents can be found in the OJ C series, The Bulletin of the European Union, and other sources.
Debates of the European Parliament (part of the OJ) (Luxembourg: Office for Official Publications of the European Community).
European Parliament, Working Documents (under the title Reports) (Luxembourg: Office for Official Publications of the European Community).
EUROPARL Homepage.
Commission of the European Communities, Documents (Brussels: The Committee) [available in the Main Library, Govt/Soc Sci Microfiche]. Also known as COM documents. Proposals and amendments issued by Commission, including explanatory memorandum. Numbered sequentially each year and referred by number and date. Citation format: COM (90) 322 final. Some COM documents are called "Green papers" or "White Papers." Green Papers are "intended to stimulate debate and launch a process of consultation" and may lead to a White Paper. A White Paper contains "proposals for action in a specific area" and can often lead to a program of action. For more information about these documents, see the Glossary.
See also the Register of Commission Documents which contains a search engine.
Another COM Documents search engine is available on the EUR-Lex web site .Economic and Social Committee, Opinions and Reports (Brussels: The Committee) [available at the Main Library, Govt/Soc Sci Microfiche].
These strategies can also be used to find regulations, decisions and other legal acts.
A. Adopted Directives
Directive with OJ citation:
Directive with directive number only, check:
- Methodological Table for the year, and it will cross-reference OJ cite.
- "Finding Lists" in volume 4 of European Law Reporter.
- European Communities Legislation: Current Status to locate the OJ cite.
- EUR-Lex, Lexis or Westlaw.
Directive without any citation, but with topic, check:
- Directory of Community Legislation In Force.
- Alphabetical index of the Index to the Official Journal.
- "Topical Index" in European Law Reporter.
- Encyclopedia of European Community Law (Part C "Secondary Legislation" multi-volume set arranged by topics. Under topics, secondary legislation arranged and reprinted chronologically).
- European Current Law: Monthly Digest (Andover, England: Sweet & Maxwell, 1992-). Subject indexes to regulations and directives. Annual cummulation published as European Current Law Yearbook.
- Lexis or Westlaw.
- EUR-Lex
- A to Z Index of EU Websites. The topical pages available from EU web sites often provide access to relevant directives.
Lexis or Westlaw Sample Query: If your cite is 1993 OJ L95/29: Lexsee 1993 ojl 95 (Lexis)
WL citation OJ 1993 L95/29If your directive is 93/13 (EC): directive w/5 93/13 (Lexis & Westlaw) If you have only a topic: use keyword search LexisNexis (Legal > Legal (excluding U.S.) > European Union > Legislation & Regulations. For information about directives, use Lexis (see News, By Country and Region, EU). For access to European Information Service, see ECNEWS file (Group file of EC news sources including Agence Europe); and RAPID file (EC Press Releases).
Westlaw (EU-LEG) or All Databases > International/Worldwide Materials > European Union > Legislation. Covers 1952- present.
The Bulletin of the European Union is another good source for information about directives.
See also some web sites for news and press releases:
- Press Room (RAPID) is a database of press releases.
- EU News provides the latest press releases and links to press service of other EU institutions.
B. Proposed Directives
Proposals for directives are either identified by topic, or if amending an existing directive, by that directive number.
- Bulletin of the European Union. Available on the web from 1996 to present.
- Finding Lists" in Volume 4 of European Union Law Reporter.
- "Topic Index" to European Union Update.
Electronic sources. Try keyword search by topic, or if a directive is being amended, by the directive's number.
- Pre-lex follows the major stages of the decision-making process between the Commission and the other institutions. PreLex follows all Commission proposals (legislative and budgetary dossiers, conclusions of international agreements) and communications from their transmission to the Council or the European Parliament. A good source for finding the history and status of legislation.
- The Legislative Observatory traces the decision-making process from the Parliament. It also provides the history of the proposed legislation, including links to relevant documents.
- Lexis. See the EURCOM Library; PREP File (Preparatory documents) or SPICER file (Spicers Centre Information covers official documentation originating from EC Commission & other press sources) or ECCNEWS file (Group file of EC news sources including Agence Europe) or RAPID file (EC Press Releases).
- Westlaw also has a Preparatory Acts (EU-ACTS) file.
- RAPID. Daily view of the activities of the European Union as presented by the Institutions in their press releases.
- EU News.
How to Find Implementing Legislation
Directives must be implemented by national legislation in Member States. A good way to locate these laws is by researching the jurisdiction in question, see Researching Foreign and Comparative Law.
European Current Law: Monthly Digest (Andover, England: Sweet & Maxwell, 1992-). Subject indexes to regulations and directives. Annual cummulation published as European Current Law Year Book.
Halsbury's Statutory Instruments: EC Legislation Implementator (London: Butterworths; St. Paul, Minn.: Butterworth Legal Publishers, 1986-). Issued annually.
LexisNexis (see Legal > Legal (excluding U.S.) > European Union > Legislation & Regulations > CELEX EU Law Database: National Provisions Implementing Directives ). Provides references to national legislation.
Westlaw lists the "national measures" by Member States at the end of the document, usually in the language of the country (see International/Worldwide Materials > European Union).
A. How to Find Citations with Names of Parties or by Topic
European Union Law Reporter (formerly Common Market Reporter) (London: Sweet and Maxwell, 1997-). Selected cases 1961 - current, cases by name under "Finding Lists" tab.
European Community Cases (Bicester, Oxfordshire: CCH Editions Limited, 1989-). Selected cases from 1989 - current. Under "Index" tab, cases by name and case number.
European Current Law: Monthly Digest (Andover, England: Sweet and Maxwell, 1992-). Contains selective summaries of national and ECJ cases.
Digest of Case Law Relating to the European Community (Luxembourg: Office for Official Publications of the European Communities).
The Digest: Annotated British, Commonwealth and European Cases: Quarterly Survey (London: Butterworth, 1995-).
Offical Journal, C series publishes a portion of the judgments, so it can be used as a finding tool.
LexisNexis (see Legal > Legal (excluding US) > European Union > Case Law ). English version of ECJ cases from 1954. Use name of parties as search terms.
Westlaw (see International/Worldwide Materials > European Union > Cases). English version of ECJ cases from 1954 and Court of First Instance from 1989. Some commercial reporters are available as well (Common Market Law Reports, European Commercial Cases, for example). Westlaw also has a European Union Case Law Locator (EU-CASELOC) file. It contains abstracts of significant European Union cases. The abstracts contain history information and reported citations. There are also many commercial reporters available.
The Court's web site provides Research Tools to help users locate cases. Digest, indexing, and annotations for cases are available, some only in French.
The latest cases and a search device are available on EUR-Lex.
B. Full-Text Opinions
Reports of Cases Before the Court (ECR) (Luxembourg: Court of Justice of the European Communities). Also called European Court Reports. Official case reporter, English edition. Delays of two to three years are common. Court of First Instance decisions from 1990 to current.
European Community Cases (CEC) (Bicester, Oxfordshire: CCH Editions Limited, 1989-). Selected Court of Justice decisions, Court of First Instance and Commission decisions from 1989. See "Topical Index" in current volume for citation of opinion.
European Union Law Reporter (formerly Common Market Reporter) (London: Sweet and Maxwell, 1997-). Contains cases for European Court of Justice and national courts.
LexisNexis (see Legal > Legal (excluding US) > European Union > Case Law). English version of ECJ cases from 1954.
Westlaw (see International/Worldwide Materials > European Union > Cases). English version of ECJ cases from 1954 and Court of First Instance from 1989. Some commercial reporters are available as well (Common Market Law Reports, European Commercial Cases, for example).
Common Market Law Reports (CMLR) ([Edinburgh] T. Nelson & Sons, 1962-). Selective cases published in each issue.
Court of Justice of the European Communities web site. Search for recent case law at http://curia.eu.int/en/content/juris/index.htm.
See rule 21.5.2 and Table 3 of The Bluebook for how to cite to decisions from the European Court of Justice. For guidance on how to cite to other EC/EU materials, see rule 21.8.2.
Another citation guide is available called Oxford Standard Citation of Legal Authorities (OSCOLA). While this is geared to UK researchers, there is some useful citation information.
As with other international law topic, journal literature is a good way to locate information, find a treaty citation, locate the text of a foreign law, the meaning of a term, figure out what an abbreviation stands for, etc.
Bulletin of the European Union (formerly Bulletin of the European Communities). Issued 10 times a year. It reports on the activities of the Commission and the other Community institutions. Contains a subject index and references to the OJ and other relevant documents. Available on the web at http://europa.eu.int/ABC/doc/off/bull/en/welcome.htm from 1996 to present.
LexisNexis. See the Europe and News libraries. Provides access to EU News, RAPID, and other sources. On the web, select Legal (excluding US); European Union.
RAPID. Also available on Lexis in the EURCOM and EUROPE libraries. On the web, select Country & Region (excluding US); European Union. You will find many other news sources here as well.