Regulation (European Union)

From Includipedia, the inclusionist encyclopedia

|- | |Parliament President Hans-Gert Pöttering
MEPs (2004-09 term)

|- | |Council Presidency: Slovenia (Dimitrij Rupel)
High Representative · Voting

|- | |Other & Future Institutions Court of Justice · Court of Auditors
Central Bank · European Council |- !align=center style="background:#ccccff" | Elections |- | |Last election (2004) · 2007 by-election
Next election (2009) · Constituencies
Parties · Parliamentary groups |- !align=center style="background:#ccccff" | Related topics |- |States · Enlargement · Foreign relations
Law · EMU · Other bodies · Agencies Template:Politicsboxend

For industry and economic regulation laws, see European Community regulation.

A regulation is a legislative 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 in national law. Under the European Constitution regulations would have become known as "European laws" but this proposal has since been dropped.

1 Legal basis
2 Legal effect
3 See also
4 External links

[edit] Legal basis

The legal basis for the enactment of regulations is article 249 of the Treaty establishing the European Community and, as such, regulations only apply within the European Community pillar of the European Union.

Article 249

In order to carry out their task and in accordance with the provisions of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver opinions.

A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.

A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.

A decision shall be binding in its entirety upon those to whom it is addressed.

Recommendations and opinions shall have no binding force.

[edit] Legal effect

Regulations are in some sense equivalent to "Acts of Parliament of the Union", in the sense that what they say is law. As such, regulations constitute one of the most powerful forms of European Union law and a great deal of care is required in their drafting and formulation.

When a regulation comes into force it overrides all national laws dealing with the same subject matter and subsequent national legislation must be consistent to and made in the light of the regulation. While member states are prohibited from obscuring the direct effect of regulations, it is common practice to pass legislation dealing with consequential matters arising from the coming into force of a regulation..