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A recommendation in the European Union, according to Article 288 of the Treaty on the Functioning of the European Union [1] (formerly Article 249 TEC), is one of two kinds of non-legal binding acts cited in the Treaty of Rome, the other being an opinion.
Recommendations are without legal force but are negotiated and voted on according to the appropriate procedure. Recommendations differ from regulations, directives and decisions, in that they are not binding for Member States. Though without legal force, they do have a political weight. The recommendation is an instrument of indirect action aiming at preparation of legislation in Member States, differing from the Directive only by the absence of obligatory power.
Article 292 notes that the European Commission may make recommendations, and in specific cases the European Central Bank may also make recommendations. [1]
According to the terms of the Treaty on European Union "In order to ensure the proper functioning and development of the common market, the Commission (…) formulate recommendations or deliver opinions on matters dealt with in this Treaty, if it expressively so provides or if the Commission considers it necessary."
Concretely, recommendations can be used by the commission to raze barriers of competition caused by the establishment or the modification of internal norms of a Member State. If a country does not conform to a recommendation, the Commission cannot propose the adoption of a Directive aimed at other Member Countries, in order to elide this distortion.
The European Council issued a recommendation on the promotion of positive action for women at work on 13 December 1984, and the European Commission issued a recommendation on the protection of the dignity of women and men at work on 27 November 1991. A code of practice on measures to combat sexual harassment was appended to the latter recommendation, which put forward recommended actions for employers, trade unions and employees in the public and private sectors in all member states. [2]
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as listed in the Treaty on European Union. It is one of two legislative bodies and together with the European Parliament serves to amend and approve or veto the proposals of the European Commission, which holds the right of initiative.
The European Court of Justice (ECJ), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU).
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 Official Journal of the European Union is the official gazette of record for the European Union (EU). It is published every working day in all of the official languages of the member states of the EU. Only legal acts published in the Official Journal are binding.
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.
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. Despite their name, Regulations are primary legislation than regulatory delegated legislation; as such, they are often described as "Acts".
European Union citizenship is afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law.
The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the 27 member states of the European Union (EU). With certain exceptions, it also comprises Iceland, Liechtenstein, Norway, and Switzerland. The single market seeks to guarantee the free movement of goods, capital, services, and people, known collectively as the "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow.
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 Product Liability Directive85/374/EEC is a directive of the Council of the European Communities which created a regime of strict liability for defective products applicable in all member states of the European Union, the other EEA members and the United Kingdom.
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 include 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.
The European Citizens' Initiative (ECI) is a European Union (EU) mechanism aimed at increasing direct democracy by enabling "EU citizens to participate directly in the development of EU policies", introduced with the Treaty of Lisbon in 2007. This popular initiative enables one million citizens of the European Union, with a minimum number of nationals from at least seven member states, to call directly on the European Commission to propose a legal act in an area where the member states have conferred powers onto the EU level. This right to request the commission to initiate a legislative proposal puts citizens on the same footing as the European Parliament and the European Council, who enjoy this right according to Articles 225 and 241 of the Treaty on the Functioning of the European Union (TEFU). The commission holds the right of initiative in the EU. The first registered ECI, Fraternité 2020, was initiated on 9 May 2012, although the first submitted ECI was One Single Tariff.
The general principles of European Union law are general principles of law which are applied by the European Court of Justice and the national courts of the member states when determining the lawfulness of legislative and administrative measures within the European Union. General principles of European Union law may be derived from common legal principles in the various EU member states, or general principles found in international law or European Union law. General principles of law should be distinguished from rules of law as principles are more general and open-ended in the sense that they need to be honed to be applied to specific cases with correct results.
Directive on intra-EU-transfers of defence-related products is a European Union Directive with relevance for the European Economic Area. "Transfer" in this context means "any transmission or movement of a defence-related product from a supplier to a recipient in another Member State".
Legal Acts of the European Union are laws which are adopted by the Institutions of the European Union in order to exercise the powers given to them by the EU Treaties. They come in five forms: regulations, directives, decisions, recommendations and opinions.
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.
The European Union policy for disabled people guarantees governmental responsibility for all disabled people in all of the EU's 27 member states. This policy operates in the framework of the subsidiarity principle: if possible, one should improve at the national level, though in principle the EU will refrain from setting hefty laws in this area. Through the activities of the Council of Europe and the United Nations, the EU disability policy has since been in effect in many EU countries for years.
The Rule of Law Conditionality Regulation is a regulation of the European Union and Euratom, which allows the European Commission to adopt measures, including the suspension of payment of funds from the EU budget, to member states which violate the principles of rule of law enshrined in article 2 of the Treaty on European Union.