Types of European Legislation and their Influence on Domestic Law

Types of European Legislation

EU Regulations - These are directly applicable and have immediate effect in all EU Member States upon being enacted. They override national law where there is a conflict.
EU Directives - These require Member States to achieve a certain result, but they have the freedom to devise their own laws on how to reach this result.
EU Decisions - These are binding in their entirety upon those to whom they are addressed, which could be a single Member State, several Member States, or specific companies.

Influence of European Legislation on Domestic Law

Supremacy of European Law - In case of conflict between national law and European law, European law prevails. This principle ensures uniformity in the application and interpretation of European law across all Member States.
Hansard Rule - Domestic courts have the duty to interpret national legislation in light of EU Directives. This process is called ‘purposive interpretation’. If complying with an EU Directive would result in a significant change to the rule of law, this may not be possible.
Incorporation Into Domestic Law - Directives are not directly applicable but must be transposed into national law within a specified time limit by each Member State. Once transposed, they form a part of the domestic legal order and can be invoked by individuals in national courts.
National Courts and the Court of Justice of the European Union (CJEU) - If there are doubts about the interpretation or validity of EU law, national courts may, and sometimes must, refer the question to the CJEU. Its rulings are binding on all national courts.