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Published online by Cambridge University Press: 19 November 2022
EU private law draws from a multitude of sources. Their significance differs in the various areas of the law, and they form a complex mix. This part will set out with general considerations relating to the concept and classification of sources; it will also dwell upon the relationship between classes of sources (infra, Chapter XI) Subsequent chapters will explain in greater detail the role in private law of the Treaties and the Charter (infra, Chapter XII), of general principles (infra, Chapter XIII), of Directives (infra, Chapter XIV) and Regulations (infra, Chapter XV), of Council Decisions concluding international Conventions on behalf of the Union (infra, Chapter XVI) and of soft law (infra, Chapter XVII).
CONCEPT, CLASSIFICATION AND HIERARCHY OF LEGAL SOURCES
Sources of law are the object of a broad body of literature; parts of it are intended to introduce students to the study of law; other parts pursue theoretical interests of jurisprudence. In general, treatises dealing with specific areas of the law or with specific jurisdictions make use of the term without further explanation. In EU law in general, and in EU private law in particular, remarks on the concept and functions of sources of law (infra 1., para. 3 et seq.), on their classifi cation (infra 2., para. 16 et seq.), on their internal hierarchy (infra 3., para. 21 et seq.), on their relationship with the several layers of national law of the Member States (infra 4., para. 30 et seq.) and on their relationship with international Conventions (infra 5., para. 47 et seq.) are appropriate in order to allow for a better understanding of the discipline.
SOURCES OF LAW AND LEGAL FORMANTS
Concept: sources of law and legal communication
The term source of law is a metaphor used in many jurisdictions and languages indicating the basis of a legal argument. Just as the source of a river produces water that irrigates and fertilises the soil, a source of law is expected to generate a rich effluent of arguments that help lawyers to find the proper justification for their actions: for conclusions, opinions, pleadings and decisions.
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