I. Background
The European Union (EU) is a supranational organization composed of
many European countries that have decided to cooperate on a number of issues
(economic, monetary, security, etc.) and adopt uniform laws. This organization
has a long history and its name has changed several times. Read a brief history of the
European Union (http://europa.eu.int/abc/12lessons/index_en.htm)
and the chronology
of events (http://europa.eu.int/abc/history/index_en.htm).
For background sources on European Union law, see Ralph Folsom, European
Union Law in a Nutshell (4th ed., St. Paul, Minn. : West Pub. Co., 2005)
[Reserve KJE 949 .F55 2005] or K. P. E. Lasok & D. Lasok, Law and
Institutions of the European Union (7th ed. 2001). KJE 947 .L375
2001. To locate more sources, conduct a subject search on MNCAT using the
subject law european union countries.
In order to help you decipher all of those abbrieviations and acronyms, see
A Glossary of the European
Communities and European Union (http://www.uta.fi/FAST/GC/eurgloss.html).
An excellent guide to EU legal materials for novice researchers is Duncan
Alford's European Legal
Materials: A Guide for Infrequent Users, 97 Law Libr. J. 49
(2005).
II. Where to Start
As with researching any international topic, you may want to start with a research guide. Because the European Union's structure and institutions are evolving quickly, a recent guide, such as the LLRX.com guide (#13 below), is probably best:
1. Introduction to International Organizations (Louis-Jacques and Korman eds., New York: Oceana, 1996). Reserve JX1954.I57 1996.
2. Reynolds & Flores, Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World (Littleton, CO: Rothman, 1989-). Available from the Law Library's Law-Related Databases page at http://www.law.umn.edu/library/ERDirectory.html, or at http://foreignlawguide.com/ip/ for U of M community members.
3. L. Carpenter, Legal Research and the Law of the European Communities (Rev. ed., West Yorkshire: Legal Information Resources, 1997). Reference Office KJE928.C37x 1997.
4. C. Germain, Germain's Transnational Law Research (Ardsely-on-Hudson, N.Y.: Transnational Juris Publications, 1991-). Reference Office K85.G47 1991.
5. T. Reynolds, The European Communities: Function, Structure, Legal Research (sound recording) (Los Angeles: Legal Resource Communications, 1993). KJE958.R49x. 1993.
6. Accidental Tourist on the New Frontier: An Introductory Guide to Global Legal Research, chapter 7 (Littleton, Colo. : F.B. Rothman, 1997) Reserve K85.A27 1997.
7. Hajnal, International Information, chapter 3 (2nd ed., Englewood, Colo.: Libraries Unlimited, Inc., 1997) Reserve JZ4850.I58 1997.
8. University of Bologna, Research Guide to International Law on the Internet, European Union (http://www.spfo.unibo.it/spolfo/EULAW.htm#inst).
9. UC Berkeley, The European Union: A GSSI Research Guide (http://www.lib.berkeley.edu/doemoff/govinfo/foreign/gov_statyrbks.html ). See also European Union Internet Resources (http://www.lib.berkeley.edu/doemoff/govinfo/intl/gov_eu.html).
10. The European Union: A Guide for Americans (http://www.eurunion.org/infores/euguide/euguide.htm)
11. Guide to European Legal Databases (http://www.llrx.com/features/europe.htm#databases).
12.Guide to European Union Legal Research (http://www.law.harvard.edu/library/services/research/guides/international/eu/index.php).
13. Marylin Raisch, European Union Law: An Integrated Guide to Electronic and Print Research, http://www.llrx.com/features/eulaw2.htm
III. EU Institutions
A good place to look for information on the institutions of the EU is at EU Institutions and Other Bodies (http://europa.eu/institutions/index_en.htm). See also A Citizens Guide to the Institutions of the European Union (http://europa.eu.int/comm/publications/booklets/eu_glance/17/index_en.htm), or Guide to the EU Institutions (Rohan Bolton ed., 2003). Wilson Library JN27 .G85.
The Commission (http://europa.eu.int/comm/index_en.htm) 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 it 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 |
For 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. To track EU legislative proposals, see the European Information Association's guides: http://www.eia.org.uk/database_proposed1.htm |
The Council of the European Union (http://www.consilium.europa.eu/cms3_fo/showPage.ASP?lang=en), representing the Member States, acts on Commission proposals and is the final legislative authority. The Council may request that certain legislation be proposed and may conduct any necessary studies to help achieve Treaties' goals. The Council also has treaty-making power.
| Documents |
Little public dissemination of documents |
The European Parliament (http://www.europarl.europa.eu/news/public/default_en.htm) 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. It has obtained some veto and amendment powers in recent years. 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.
| Documents |
For first or second reading of Commission proposal, 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 Economic and Social Committee (http://eesc.europa.eu/), 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 of Economic and Social Committee, see C series (OJ), and Opinions and Reports, Economic and Social Committee. |
The European Court of Justice (http://curia.europa.eu/en/transitpage.htm) is the highest legal authority in the EC. 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, i.e., 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. 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.
| Documents |
Text of opinions for both courts officially available in the European Court Reports series (ECR), and unofficially from CCH, LEXIS, Westlaw and other publishers; also at the Courts' website at http://curia.europa.eu. |
IV. Legislation
There are different types of Community law. The primary sources of law are
the founding (or constitutive) treaties (from the ESCS Treaty of 1957 to the
Maastricht Treaty of 1992). 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.
- Regulations are Community laws adopted by the Council of the European
Union upon a proposal from the Commission. Regulations have general effect and
are directly applicable in all of the Member States.
- Directives are Community laws adopted by the Council of the European
Union upon a proposal from the Commission. Directives are addressed to the
Member States and are binding as to the result - Member States may choose the
form and methods of implementation. The process of implementation is
called harmonization.
- Decisions are Community laws, issued by the Council or Commission,
which are binding on those addressed, whether governments, companies or
individuals.
V. Treaties
Relevant subject headings include: european union; european
economic community; european coal and steel community; or
euratom.
A. Founding Treaties
1. Consolidated versions of the Treaty on European Union and the Treaty
Establishing the European Community. Wilson Library Gov Pub
(LC)KJE4442.3 .E87 2003.
2. EU/EC: Collection of Treaties and Other Instruments.
KJE4442.3 .L97x 2002.
2. Official Journal. (see section VI.A. for more information on the
OJ).
3. Encyclopedia of European Union Law. Constitutional Texts. (formerly
Encyclopedia of European Community Law). KJE 926. E53x.
4. European Union Law Reporter (formerly Common Market Law
Reporter). KJE 949.E96.
5. Electronic Sources:
B. Treaties between the EU and Third Parties as well as Treaties Concluded
between EU Member States
Relevant subject heading include: european economic community countries
foreign relations treaties; european economic community countries
commercial treaties; european economic community countries foreign
economic relations.
1. Collection of the Agreements Concluded by the European
Communities. 1977-1982. KJE918 .C65x.
2. See the sources listed above.
VI. Legislative Documents
A. The Official Journal (OJ), the official gazette of the
Community, is published daily.
The OJ is divided into the following series and parts. The
L Series contains adopted legislation including directives and
regulations adopted by the Commission and Council, and other binding 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: (hardcopy 1952-1982) KJE 908;
(microfiche, 1982-current) Microfiche JN15.O362. The OJ Special Edition,
in English, (1952-1973) KJE 908. The OJ is also available on WESTLAW (EU-OJCSERIES
and EU-LEG), on
LexisNexis: EU
Legislation & Regulations and on LexisNexis Academic: EU Databases Search
Form (select "EUR-Lex EU Law Database:
Legislation" from the Sources menu). . The OJ is now
available on the web at http://eur-lex.europa.eu/JOIndex.do?ihmlang=en
(started in 1998).
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
1. Index to the Official Journal of the European Community.
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. Microfiche
JN15.O36 Index
2. Directory of Community Legislation in Force and other acts of the
Community Institutions. 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.
Microfiche Room KJE 920.5 D57 (hardcopy). Also available on the EUR-Lex site (http://europa.eu.int/eur-lex/en/lif/index.html)
in both an analytical and alphabetical index.
3. European Communities Legislation: Current Status 1952-. Two volumes
with supplement. Beginning with the entries in the English Special Edition of
the OJ covering the years 1952-1973, and then on year by year basis, sets
out chronologically the reference number of the legal act with title and
OJ cite. Also covers legislation no longer in force. Current briefing
service newsletter in separate folder. KJE 915.
4. 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. HC
241.2.A2124. Available on the web at http://europa.eu.int/abc/doc/off/bull/en/welcome.htm
from 1996 on.
5. Legislation in
Force - Consolidated Texts (http://europa.eu.int/eur-lex/en/lif/index.html).
6. Eurocat (Chadwyck-Healey) on CD-ROM. Index of European Community/European
Union publications and documents issued 1985 to date. Also indexes all
legislation in force. Updated quarterly. Wilson Government Publications
Library. (Reference) JN15 .E86x.
D. Other Legislative Documents
Reference to many of these documents can be found in the OJ C series,
The Bulletin of the European Union, and other sources.
1. Debates of the European Parliament (part of the
OJ). Microfiche JN32. O36.
2. European Parliament, Working Documents (under the title
Reports). Microfiche KJE 910.3. E97x.
3. European Parliament, Texts Adopted. Microfiche KJE 910.3 E975x
(1988-1989 only; the European Parliament has not continued this set. Texts
Adopted are available on the web since 1994 from http://www.europarl.eu.int/guide/search/docsearch_en.htm#texts.
4. EUROPARL Homepage (http://www.europarl.europa.eu).
5. Commission of the European Communities, Documents. 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. Microfiche KJE 5380. A5 C66x.
Index to COM Documents (hardcopy) Micro Room KJE 5380. A4 I53x.
See also Official
Documents of the Commission (http://europa.eu/documents/comm/index_en.htm).
6. Economic and Social Council, Opinions and Reports. Microfiche KJE
5514. A5 E365x.
E. Celex - Official Journal in Electronic Format
The C and L Series of the OJ are included in
CELEX, the inter-institutional database for documentation of European Community
law. CELEX is available on LexisNexis under Legal (excluding US); European
Union. WESTLAW offers the OJ C Series (EU-OJCSERIES) and the OJ L
Series (EU-LEG).
CELEX includes legislation, preparatory documents, case law, parliamentary
questions and citations to national provisions which implement EC directives.
CELEX, as available through this online service, has approximately a six month
delay. Full text is generally available for the L Series, but the
C Series has only title access to documents. References to relevant
databases and files will be made throughout this Guide.
As of 2004, CELEX
is free on the web. Its functions have been incorporated into http://europa.eu.int/eur-lex/lex/en/index.htm.
VII. How to Find Directives
These strategies can also be used to find regulations, decisions and other
legal acts.
A. Adopted Directives
1. Print with OJ citation:
a. Look in appropriate OJ issue for the given
year. 2. Print with directive number only, check:
a. Methodological Table for the year, and it will
cross-reference OJ cite.
b. "Finding Lists" in Volume 4 of European Law Reporter
(CCH).
c. European Communities Legislation : Current Status to get
OJ cite. 3. Print without any citation, but with topic,
check:
a. Directory of Community Legislation In Force.
b. "Topical Index" in European Law Reporter (CCH).
c. Encyclopedia of European Community Law (Part C "Secondary
Legislation" 11 volumes arranged by topics. Under topics, secondary legislation
arranged and reprinted chronologically). 4.
LexisNexis
| LexisNexis
Legal > Legal (excluding U.S.) > European
Union > Legislation & Regulations |
Sample Query: |
| If your cite is 1993 OJ L95/29: |
Get a document:
1993 oj l 95 |
| If your directive is 93/13 (EC): |
directive w/5 93/13 |
| If you have only a topic: |
use keyword search |
For information about directives, use EU NEWS, or RAPID (EC Press
Releases). These two databases are available via Legal (excluding
U.S.) > European Union > News; or use EU press
releases at RAPID (http://europa.eu.int/rapid/searchAction.do).
5. The Bulletin of the European Union is another good source for
information about directives.
6. WESTLAW. WESTLAW offers the OJ C Series (EU-OJCSERIES)
and the OJ L Series (EU-LEG).
Westlaw: All Databases > International/Worldwide
Materials > European Union
| Westlaw EU-LEGIS |
Sample Query: |
| If your cite is 1993 OJ L95/29: |
FIND:
1993 oj l 95 |
| If your directive is 93/13 (EC): |
directive w/5 93/13 |
| If you have only a topic: |
use keyword search |
For information about directives, use EURONEWS, which contains general
news stories from European and CIS countries.
7. See also some web sites for news and press releases:
B. Proposed Directives
Proposals for directives are either identified by topic, or if amending an
existing directive, by that directive number.
1. Print
a. Bulletin of the European Union.
b. "Finding Lists" in Volume 4 of European Union Law Reporter (CCH).
c. "Topic Index" to European Union Update
(CCH).
2. Online. Try keyword search by topic, or if a directive is being
amended, by the directive's number.
a. WESTLAW (EU-OJCSERIES) (includes preparatory works) or
Lexis ( Legal (excluding U.S.) > European
Union > Legislation & Regulations > CELEX EU Law
Database: Preparatory Acts) or ECCNEWS file (Group file of EC news
sources including Agence Europe) or RAPID file (EC Press
Releases)]. Also at http://europa.eu.int/rapid/searchAction.do
b. EUROPA. Press releases of
EU Institutions: http://europa.eu.int/news/index_en.htm
VIII. How to Find Case Law
A. How to Find Citations with Names of Parties or by Topic
1. European Union Law Reporter (CCH)(formerly Common Market
Reporter).
Selected cases 1961 - current, cases by name under "Finding
Lists" tab. KJE 949. E96.
2. European Community Cases (CCH). Selected cases from 1989 - current.
Under "Index" tab, cases by name and case number. KJE 923.7. E97.
3. Index A-Z: Numerical and Alphabetical Index of Cases before the Court
of Justice of the European Communities since 1953. Court of Justice
of the European Communities. KJE924.2 .C68.
4. Gazetteer of European Law: Case Search: European Community Law,
1953-1983. KJE 923. H866x 1983.
5. Digest of Case Law Relating to the European Community. 1982-. KJE
924.8. D533x.
6. WESTLAW (EU-CS); LexisNexis (Legal (excluding
U.S.) > European Union > Case Law). Cases from 1954.
B. Full-Text Opinions
1. Reports of Cases Before the Court. (ECR)
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. KJE 924.5. R472.
2. European Community Cases (CEC) [Common Market
Reporter] Selected Court of Justice decisions, Court of First
Instance and Commission decisions from 1989. See "Topical Index" in current
volume for citation of opinion. KJE 923.7 E97. Earlier cases (to 1989) are
reported in Reports of Cases before the Court, KJE 924.5. C68x.
3. WESTLAW (EU-CS); LexisNexis (Legal (excluding
U.S.) > European Union > Case Law). English version of ECJ cases
from 1954, some delays before cases loaded.
4. Court of Justice of the European Communities http://europa.eu.int/cj/en/index.htm.
Search for recent case law at http://europa.eu.int/jurisp/cgi-bin/form.pl?lang=en
IX. Periodicals
As with other areas of international law, use periodical indexes for locating
relevant legal periodical literature: LegalTrac, Index to Foreign Legal
Periodicals, etc. Some journals may not be indexed in any of the standard
indexes. To locate journals that focus on the EU, search an online catalog using
the following subject headings:
law periodicals european economic community; law european economic
community countries periodicals; law europe periodicals; law
european union countries periodicals; european communities
periodicals; european economic community periodicals;
european union periodicals.
X. Current Awareness
1. 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. HC
241.2.A2124. Available on the web at http://europa.eu.int/abc/doc/off/bull/en/welcome.htm
from 1996 on.
2. LexisNexis. Legal (excluding U.S.) > European Union
> News.
3. RAPID is also at
http://europa.eu.int/rapid/searchAction.do
Also available on LexisNexis under Country & Region (excluding US); European
Union. You will find many other news sources here as well.
4. EUROPA. Press releases of EU Institutions: http://europa.eu.int/news/index_en.htm
5. Westlaw. EU-NEWS.
XI. Other Internet Sites
- EuroInternet (http://eiop.or.at/euroint/) Michael Nentwich of the Research Institute for European Affairs in Austria has developed a EuroInternet page. Numerous links arranged under the following headings: WWW pages with EU information and pointers into the web, EU Institutions, University or academic/research institutions, European Documentation Centres (EDC), Austrian Euro Info Centres (EIC), Further interesting sites in the European context, European resources for political scientists, Databases on Europe, Discussion Lists Relating to European Issues, and European Newsgroups.
Several sections of this guide (especially the tables) are from The Nuts and Bolts of European Union Law Research, Spring 1997, by Jean M. Wenger, Cornell Law Library.
Updated 10/07.
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