06EU Law - Secondary Law

EU secondary law is created by the EU institutions within the limits of their powers and competences granted by the Treaties.

The Treaties grant the EU institutions the power to enact secondary legislation, but these powers are limited by the principle of conferral. This means that each institution only has the power to act in areas specifically granted to it by the Treaties.

Binding acts are legally enforceable and must be followed by Member States and individuals, while non-binding acts offer guidance but are not legally enforceable.

EU secondary law is classified into codified and uncodified acts. Codified acts are those specifically mentioned in the Treaties, like regulations and directives, while uncodified acts are found in other EU legislation.

Legislative acts are created through formal legislative procedures involving the European Parliament and the Council, while non-legislative acts come from institutions like the Commission, using less formal procedures.

When an institution creates a secondary law, they must provide reasons for their decision and state the legal basis for their action, ensuring transparency and accountability.

Most EU secondary law is published in The Official Journal of the EU, making it accessible to all.

EU secondary law cannot apply retroactively, or to situations that occured before it came into effect.

Opinions issued by EU institutions serve as guidance, providing views on a matter without binding legal effect.

Internal regulations are rules specifically for EU institutions. They can be used to challenge the legality of acts within those institutions.

General programs in the EU aim to remove barriers to business and trade between member states. They were originally adopted by the Council.

Preparatory acts, like Commission proposals, are steps leading to the creation of formal EU laws.

Non-standard EU acts, unlike standard regulations, are mentioned in the Treaty but not defined in Article 288 TFEU. They often have a relative effect, primarily impacting internal EU operations.

A legal rule that applies to a wide range of individuals or situations based on objective criteria, not specific names.

A legal act that specifically names the individuals it applies to, usually for a specific purpose.

Regulations apply to people based on their status or role, not their individual names.

The number of people a regulation applies to doesn't change its nature as a regulation, as long as the application is based on objective criteria.

Regulations can have different effects for different people, but the effects must be based on objective criteria stated in the regulation.

EU regulations can be used to impose sanctions on individuals with specific links to organizations like Al Qaeda.

The key difference between a regulation and a decision is the scope of application. Regulations are general, while decisions are targeted.

EU regulations can prohibit specific actions involving certain individuals, even if they don't name them directly.

The principle of conferral states that the EU can only act within the powers specifically granted to it in the Treaties.

The division of powers within the EU institutions must be balanced, with each institution exercising its specific powers and respecting the limits of other institutions.

Different legal bases can lead to different decision-making procedures for EU acts, influencing the level of consensus required and the involvement of the European Parliament.

The choice of legal basis determines which type of EU Act, such as a Regulation or Directive, can be adopted. This depends on the purpose and content of the act.

Regulations are legally binding and apply to everyone in the EU, without the need for national laws to implement them. They directly create rights and obligations for citizens.

Regulations are binding in their entirety, meaning member states cannot change or object to them. They must be fully implemented as intended by the EU.

Directives set out goals for Member States to achieve through their own laws, giving them some flexibility in implementation.

Member States must transpose the provisions of Directives into their national legal systems within a specified timeframe, making sure they achieve the desired outcome.

Directives are legally binding acts of the EU that set out goals for Member States but allow them to choose the means of achieving those goals.

Directives only apply to the specific Member States they are addressed to, but in practice, they apply to all EU members.

Directives are binding upon Member States only with regard to the result that is to be achieved. The means of implementation are left to the Member States.

This refers to the two-stage process of implementing directives. First, objectives are set at the EU level. Then, Member States choose the specific legal tools to achieve those objectives.

Directives themselves cannot create legal obligations or rights for individuals. They are enforced through national legal measures.

Member States are obligated to implement directives within a specified timeframe, usually two years.

While Member States have some discretion in choosing how to implement directives, this freedom is not absolute. The chosen methods must be appropriate for achieving the directive's goals and ensure clarity in the legal situation.

The use of simply administrative measures, such as circulars or resolutions, is not sufficient to implement directives due to their lack of permanence and public notice.

Decisions of the Council that are binding and have general application. They can authorize the Commission to negotiate agreements or approve their conclusion, affect the functioning of the Union's organization, or concern Community funds and programs.

Agreements between the Council, Commission, and Parliament. They are legally non-binding but play a vital role in setting policy directions and procedural arrangements within the EU institutions.

Council resolutions are non-binding expressions of the EU's viewpoint on specific issues. They clarify the institution's stance but don't carry the force of law.

Commission communications are official messages that can be informative, decisional, or interpretative. They provide guidance and transparency on EU law but are not legally binding.

Joint statements are non-binding political declarations issued by the Parliament, Council, and Commission. They clarify the institutions' position on key issues and promote consensus.

Statements for the Council minutes are non-binding annotations that clarify the scope of provisions in secondary legislation. They offer additional context and interpretation during the legislative process.

Administrative agreements are non-public agreements entered into by the Commission with third states to regulate specific administrative arrangements.