The European Union uses a range of legal instruments to implement policy, varied across two major decision-making processes co-decision and cooperation procedure.
The European Union uses a range of legal instruments to implement policy, varied across two major decision-making processes co-decision and cooperation procedure.
Green Papers are usually used to launch a consultation process. They present Commission policy orientations for debate to interested parties who may wish to comment. The Commission will generally prepare a subsequent proposal.
White Papers communicate a decided Commission policy or approach on a particular issue. They are chiefly intended as statements of Commission policy, rather than a consultation or starting point for debate.
Communications usually set out a Commission action plan (may include concrete proposals for legislation).
Regulations, once approved, are immediately applicable and binding in all EU member states. No legislation is required at a national government level.
Directives occur when a decision at an EU level is used to direct member state governments on what to do. Directives specify the results to be achieved and the deadline within which to achieve them, but form and methods of implementation are left at the discretion of member states.
Recommendations are similar in structure to Directives but they do not hold any legal obligation. There are often described as soft law , and the Commission has been accused of using Recommendations to avoid lengthy and politically sensitive consultations.
Decisions (by Council or Commission) apply specifically to one or more member states and are directly binding.
A directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how the member states achieve those goals. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter.
The Data Protection Directive, officially Directive 95/46/EC, enacted in October 1995, was a European Union directive which regulated the processing of personal data within the European Union (EU) and the free movement of such data. The Data Protection Directive was an important component of EU privacy and human rights law.
The Proposal for a Directive of the European Parliament and of the Council on the patentability of computer-implemented inventions, procedure number 2002/0047 (COD) was a proposal for a European Union (EU) directive aiming to harmonise national patent laws and practices concerning the granting of patents for computer-implemented inventions, provided they meet certain criteria. The European Patent Office describes a computer-implemented invention (CII) as "one which involves the use of a computer, computer network or other programmable apparatus, where one or more features are realised wholly or partly by means of a computer program".
In the United Kingdom, the Commonwealth countries, Hong Kong, the United States and the European Union, a green paper is a tentative government report and consultation document of policy proposals for debate and discussion. A green paper represents the best that the government can propose on the given issue, but, remaining uncommitted, it is able without loss of face to leave its final decision open until it has been able to consider the public reaction to it. Green papers may result in the production of a white paper. They may be seen as grey literature.
The term soft law refers to quasi-legal instruments which do not have any legally binding force, or whose binding force is somewhat weaker than the binding force of traditional law. Soft law is often contrasted with hard law. The term soft law initially emerged in the context of international law, although more recently it has been transferred to other branches of domestic law as well.
Comitology in the European Union refers to a process by which EU law is implemented or adjusted by the European Commission working in conjunction with committees of national representatives from the EU member states, colloquially called "comitology committees". These are chaired by the European Commission. The official term for the process is committee procedure. Comitology committees are part of the EU's broader system of committees that assist in the making, adoption, and implementation of EU laws.
A regulation is a legal act of the European Union which becomes immediately enforceable as law in all member states simultaneously. Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law. Regulations can be adopted by means of a variety of legislative procedures depending on their subject matter.
The political structure of the European Union (EU) is similar to a confederation, where many policy areas are federalised into common institutions capable of making law; the competences to control foreign policy, defence policy, or the majority of direct taxation policies are mostly reserved for the twenty-seven state governments. These areas are primarily under the control of the EU's member states although a certain amount of structured co-operation and coordination takes place in these areas. For the EU to take substantial actions in these areas, all Member States must give their consent. Union laws that override State laws are more numerous than in historical confederations; however, the EU is legally restricted from making law outside its remit or where it is no more appropriate to do so at a state or local level (subsidiarity) when acting outside its exclusive competences. The principle of subsidiarity does not apply to areas of exclusive competence.
Waste hierarchy is a tool used in the evaluation of processes that protect the environment alongside resource and energy consumption from most favourable to least favourable actions. The hierarchy establishes preferred program priorities based on sustainability. To be sustainable, waste management cannot be solved only with technical end-of-pipe solutions and an integrated approach is necessary.
The European Union adopts legislation through a variety of legislative procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and approved by the Council of the European Union and European Parliament to become law.
The Energy Community, commonly referred to as the Energy Community for South East Europe (ECSEE), is an international organization consisting of the European Union (EU) and a number of non-EU countries. It aims to extend the EU internal energy market to wider Southeast Europe. The members commit to implement relevant EU energy acquis communautaire, to develop an adequate regulatory framework and to liberalize their energy markets in line with the acquis under the founding Treaty.
Markets in Financial Instruments Directive 2014, commonly known as MiFID 2, is a legal act of the European Union (EU). Together with Regulation No 600/2014 it provides a legal framework for securities markets, investment intermediaries, in addition to trading venues. The directive provides harmonised regulation for investment services of the member states of the European Economic Area — the EU member states plus Iceland, Norway and Liechtenstein. Its main objectives are to increase competition and investor protection, as well as level the playing field for market participants in investment services. It repeals Directive 2004/39/EC.
The energy policy of the European Union focuses on energy security, sustainability, and integrating the energy markets of member states. An increasingly important part of it is climate policy. A key energy policy adopted in 2009 is the 20/20/20 objectives, binding for all EU Member States. The target involved increasing the share of renewable energy in its final energy use to 20%, reduce greenhouse gases by 20% and increase energy efficiency by 20%. After this target was met, new targets for 2030 were set at a 55% reduction of greenhouse gas emissions by 2030 as part of the European Green Deal. After the Russian invasion of Ukraine, the EU's energy policy turned more towards energy security in their REPowerEU policy package, which boosts both renewable deployment and fossil fuel infrastructure for alternative suppliers.
The European Data Protection Supervisor (EDPS) is an independent supervisory authority whose primary objective is to monitor and ensure that European institutions and bodies respect the right to privacy and data protection when they process personal data and develop new policies.
The Body of European Regulators for Electronic Communications (BEREC) is the body in which the regulators of the telecommunications markets in the European Union work together. Other participants are the representatives of the European Commission, as well as telecommunication regulators from the member states of the EEA and of states that are in the process of joining the EU.
Within the framework of EU economic governance, Sixpack describes a set of European legislative measures to reform the Stability and Growth Pact and introduces greater macroeconomic surveillance, in response to the European debt crisis of 2009. These measures were bundled into a "six pack" of regulations, introduced in September 2010 in two versions respectively by the European Commission and a European Council task force. In March 2011, the ECOFIN council reached a preliminary agreement for the content of the Sixpack with the commission, and negotiations for endorsement by the European Parliament then started. Ultimately it entered into force 13 December 2011, after one year of preceding negotiations. The six regulations aim at strengthening the procedures to reduce public deficits and address macroeconomic imbalances.
The European Union (EU) Environmental Policy was initiated in 1973 with the "Environmental Action Programme" at which point the Environmental Unit was formed. The policy has thereafter evolved "to cover a vast landscape of different topics enacted over many decades" (Reuters) and in 2015 the Institute for European Environmental Policy estimated that "the body of EU environmental law" amounted to 500+ directives, regulations and decisions.
"Over the past decades the European Union has put in place a broad range of environmental legislation. As a result, air, water and soil pollution has significantly been reduced. Chemicals legislation has been modernised and the use of many toxic or hazardous substances has been restricted. Today, EU citizens enjoy some of the best water quality in the world"
Lobbying in the European Union, also referred to officially as European interest representation, is the activity of representatives of diverse interest groups or lobbies who attempt to influence the executive and legislative authorities of the European Union through public relations or public affairs work. The Treaty of Lisbon introduced a new dimension of lobbying at the European level that is different from most national lobbying. At the national level, lobbying is more a matter of personal and informal relations between the officials of national authorities, but lobbying at the European Union level is increasingly a part of the political decision-making process and thus part of the legislative process. 'European interest representation' is part of a new participatory democracy within the European Union. The first step towards specialised regulation of lobbying in the European Union was a Written Question tabled by Alman Metten, in 1989. In 1991, Marc Galle, Chairman of the Committee on the Rules of Procedure, the Verification of Credentials and Immunities, was appointed to submit proposals for a Code of conduct and a register of lobbyists. Today lobbying in the European Union is an integral and important part of decision-making in the EU. From year to year lobbying regulation in the EU is constantly improving and the number of lobbyists is increasing.
Primary legislation and secondary legislation are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation, creating legally enforceable regulations and the procedures for implementing them.
In the European Union, the principle of subsidiarity is the principle that decisions are retained by Member States if the intervention of the European Union is not necessary. The European Union should take action collectively only when Member States' individual power is insufficient. The principle of subsidiarity applied to the European Union can be summarised as "Europe where necessary, national where possible".