THE EUROPEAN UNION

The European Union is a supranational organization that arises from the will of the states that comprise it, does not have "per se" or original competences, but has those that are ceded to it by the member states. This is what is known as the principle of attribution of powers included in the current Treaties (Article 5 of the Treaty of the European Union-TEU).

The exercise of these powers has given rise to the emergence of a legal system, a right of the Union, which is binding for the Member States and which generates obligations but also rights for European citizens. The States have to assume that European regulation as their own, apply it and respond to the Union of said application.

The legal order of the EU is composed of primary or original law and secondary law. Primary law refers in particular to the Treaties, which are the basis of all EU action: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The secondary law is the one elaborated by the institutions of the Union (legal acts of the Union) in order to achieve the principles and objectives established in the Treaties and it includes regulations, directives and decisions (binding) and the recommendations and opinions (non-binding).

The interaction of the EU legal system and the national legal systems is structured through principles elaborated by European jurisprudence that are fundamentally: Principle of "direct effectiveness of Community law": possibility of applying it independently of what is established by the internal law of the Member States so that citizens can invoke it directly before the national courts. Principle of "supremacy of Community law" so that in case of conflict between the law of the member state and EU law, the national judge is obliged to apply the latter.

Principle of "legal security", which obliges the Member States to integrate EU law in their legal systems in a sufficiently clear and public manner so that situations of uncertainty can be known and avoided. Principle of "responsibility of the member states for infringement of community law" according to which an illegal action or omission of the member states with respect to the application of EU law would imply the obligation to repair the damage caused.:

• Principle of "direct effectiveness of Community law": possibility of applying it independently of what is established by the internal law of the Member States so that citizens can invoke it directly before the national courts.
• Principle of "supremacy of Community law" so that in case of conflict between the law of the member state and EU law, the national judge is obliged to apply the latter
• Principle of "legal security", which obliges the Member States to integrate EU law in their legal systems in a sufficiently clear and public manner so that situations of uncertainty can be known and avoided.
• Principle of "responsibility of the member states for infringement of community law" according to which an illegal action or omission of the member states with respect to the application of EU law would imply the obligation to repair the damage caused.