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EU hierarchy of norms

The hierarchy of norms refers to the idea that, in a legal system, there is a vertical order of legal acts, with those in the lower levels of the hierarchy being subject to those at a higher level.

The Lisbon Treaty retained the hierarchy of legal acts which was proposed by the unratified Constitutional Treaty.

At the top of the hierarchy of EU norms is primary law, which consists of:

  • the EU’s constituent treaties (the Treaty on European Union and the Treaty on the Functioning of the European Union (TFEU)) and its protocols;
  • the Charter of Fundamental Rights (Article 6 of the Treaty on European Union); and
  • the general principles established by the Court of Justice of the European Union.

Next in the hierarchy are international agreements with non-EU countries or with international organisations. These agreements are separate from primary and secondary law and form a unique category.

Below this is secondary law, which comprises all legislative and non-legislative acts adopted by the EU institutions, which enable the EU to exercise its powers.

Legislative acts are regulations, directives and decisions adopted by an ordinary or special legislative procedure (Article 289 TFEU).

They are at a higher level than non-legislative acts which include, in particular, delegated and implementing acts.

While delegated acts (Article 290 TFEU) enable the European Commission to supplement or amend non-essential parts of EU legislative acts, implementing acts (Article 291 TFEU) lay down detailed rules allowing for their uniform implementation.

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