EU Legal Terms M-Z

M

Mutual Recognition — The principle established in Cassis de Dijon (1979) requiring Member States to allow goods and services lawfully produced in another Member State to circulate freely within their territory. Exceptions are permitted only for overriding public interest requirements such as public health or consumer protection.

O

Ordinary Legislative Procedure (OLP) — The standard EU lawmaking process under Article 294 TFEU, formerly the co-decision procedure. The Commission proposes legislation, and the Parliament and Council act as co-legislators. If they disagree, a conciliation committee attempts to reach a compromise. OLP applies to most policy areas.

European Ombudsman — An independent body appointed by the European Parliament to investigate maladministration by EU institutions and bodies. Citizens, residents, and businesses may lodge complaints. The Ombudsman issues recommendations and reports findings to the Parliament.

Own Resources — The EU’s system of self-financing under Article 311 TFEU, comprising traditional own resources (customs duties, sugar levies), VAT-based contributions, and GNI-based contributions. Decisions on own resources require unanimity in the Council and ratification by Member States.

P

European Parliament — See glossary entry under E. The directly elected institution exercising legislative power jointly with the Council. It approves the EU budget, elects the Commission President, and conducts inquiries into alleged breaches of EU law.

Preliminary Reference — The procedure under Article 267 TFEU allowing national courts to refer questions of EU law to the ECJ for authoritative interpretation. It is the principal mechanism ensuring uniform application of EU law across all Member States and provides indirect access for individuals.

Primacy of EU Law — The constitutional doctrine that EU law prevails over conflicting national law, including national constitutions. Established in Costa v ENEL (1964), it has been consistently reaffirmed by the ECJ. National constitutional courts have placed some limits on absolute primacy.

Proportionality — A general principle of EU law under Article 5(4) TEU requiring that EU action not exceed what is necessary to achieve Treaty objectives. The ECJ applies a three-part test: suitability, necessity, and proportionality stricto sensu (balancing measures against objectives).

Q

Qualified Majority Voting (QMV) — The default voting method in the Council under Article 16(3) TEU. Since the Lisbon Treaty, QMV requires a double majority: 55% of Member States representing at least 65% of the EU population. A blocking minority must include at least four Member States.

R

Regulation — A binding legislative act under Article 288 TFEU that applies directly and uniformly in all Member States without national transposition. Regulations are the most centralized EU legal instrument, ensuring identical rules across the Union.

S

Schengen Area — The zone of passport-free travel encompassing most EU Member States plus associated non-EU countries, established by the 1985 Schengen Agreement and 1990 Convention. It abolished internal border controls and introduced common external border controls, visa policy, and police cooperation.

Single Market — The EU’s integrated economic area without internal frontiers, founded on the four freedoms: free movement of goods, persons, services, and capital. It includes harmonized technical standards, competition policy, and common regulation to eliminate barriers to cross-border trade.

Subsidiarity — The principle under Article 5(3) TEU that the EU should act only when Member States cannot sufficiently achieve the objectives at national level. National parliaments may issue reasoned opinions if they consider subsidiarity breached under the early warning mechanism.

Supremacy of EU Law — See Primacy of EU Law.

T

Treaty on European Union (TEU) — The shorter of the two founding treaties, setting out the EU’s constitutional framework, values, objectives, institutions, and external action provisions. The TEU was substantially amended by the Lisbon Treaty and contains 55 articles.

Treaty on the Functioning of the European Union (TFEU) — The longer founding treaty detailing EU competences, policies, legal instruments, and institutional procedures. Originally the Treaty of Rome (1957), it was renamed by the Lisbon Treaty and contains 358 articles.

U

Unanimity — A voting rule in the Council requiring the affirmative vote of every Member State for certain decisions. Unanimity applies particularly to CFSP matters, taxation, EU accession, and fundamental rights issues. It protects Member State sovereignty in politically sensitive areas.

V

Vertical Direct Effect — The doctrine allowing individuals to invoke EU law provisions against the state or public bodies. Directives have only vertical direct effect; they cannot impose obligations on private parties. Established in Van Duyn (1974) and Marshall (1986), it prevents horizontal enforcement of unimplemented directives.