• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Explain the nature and legal effect of regulations, directives and decisions made by the council of ministers and the commission of European community.

Extracts from this document...

Introduction

Explain the nature and legal effect of regulations, directives and decisions made by the council of ministers and the commission of European community. Under the Article 249 of the Treaty of Rome, regulations were made, directives were issued, and decisions were taken by the Council of Ministers and the Commission of European Community. Those measures are issued under the Secondary legislation in order to develop the community policy. As in the Article 249 which states those measures as bellows: 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. The regulations are enforceable upon all the Member States, and must be entirely and directly implemented. Compare to the directive, the main difference is that the regulation has the general application, which is that it is binding on all the Member States and not specifically towards a named person or persons, so it is an abstract normative measure. ...read more.

Middle

When the matter was referred to the European Court of Justice it was held that Member States had no discretion in the case of regulations. The wording of Article 249 was explicit and meant that regulations were automatically law in all Member States. States could not pick and choose which ones they would implement. In this way regulations make sure that laws are uniform across all the Member States.( Martin 2002, p.78 ) Also, the regulation has the direct effect on the Member States, where the individual can rely on the regulation which is related to their rights to be against the state or the other individual when they suffered the serious damages if the states failed to carry out the regulation. Directives are issued for the harmonization of laws within the Member States when the national laws need to be modified or national provision must be enacted. Directives have already covered many social fields, such as, company laws, banking, insurance, health and safety of workers, equal rights, consumer laws and social security.(Martin 2002, p.79) ...read more.

Conclusion

that illustrates the individual can not rely on the directive to seek damages against another individual. Finally, decisions are the rather different measures from regulations and directives, because they have an administrative nature, implementing other Community rules, as in the case 226/87 Commission v. Greece ( Mathijsen 1999, p. 30,), and they can be addressed either to a Member State or a named individual( person or company), for example, decisions taken by the Commission under Regulation 17 in application of Article 81 and 82 EC( the competition rules). Obviously, the decision is recognized as a binding act on the addressees, and also has the direct effect to make sure that the Community rules are performed within the nations which is addressed by the decision appropriately and effectively. Above three measures are 'hard' laws since they all have the binding power, and there is no hierarchy among them, so we can not say the regulation is more powerful than the directive and the decision because they should be equally treated to develop the Community policy in a particular area. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree European Union Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree European Union Law essays

  1. Predatory pricing strategies in the European union: A case for legal reform.

    [FN11] Along with obstructing the goal of efficiency, the exclusion of efficient competitors might also have significant adverse repercussions on the development of intra-Community trade and hence, on European market integration. If a sufficient number of successfully operating firms, having been actively involved in cross-border trade within the Union, cease

  2. Critically evaluate the impact of the E.U. Directive on Copyright in an Information Society, ...

    These treaties establish minimum required standards, require protection for foreign copyright owners and provide for enforcement under local national law (Beberman, 1996). Such global organisation should enable a uniform system of governance worldwide of the Internet and related copyright issues.

  1. Discuss the rules of Competition law and how the European Commission enforces these Laws.

    They can also be horizontal (between companies of the same level) and vertical (between producers and distributors) that can be caught under Article 81 see the cases of Consten SA and Grundig-Verkaufs GmbH v EEC Commission11 and Soci�t� Technique Mini�re v Maschinenbau Ulm GmbH12.

  2. Discussion of the quotation from Advocate General Jacobs in Unión de Pequeños Agricultores v. ...

    creates an almost insurmountable obstacle to the individual who wishes to challenge a measure that affects his interests. The problems are well illustrated by Craig and De Burca 14 who argue that the strict application of this test means that it is virtually impossible for any applicant to ever succeed15

  1. How far has the creation of a single market in goods resulted in the ...

    petrol importers to buy 35% of their petrol form the company was considered justified on public policy grounds. However, this did not form the basis for the court allowing the measure. In an effort to preserve the exclusivity of A.30 the ground of public security was used instead.

  2. Critically discuss the proposition that the Treaty of Lisbon has completed the evolution of ...

    and policy initiatives have an effect on all the 27 member states which comprise the EU. 5.3 These are all the characteristics of a is quasi-federal organisation and unlike other similar organisations such as the USA or the Federal Republic of Germany, the EU, did not at its conception enshrine a bill of rights in any form.

  1. Law of the European Union

    The direct effect is distinct from that of other provisions of EC law. In this case, the UK has not implemented directive 2006/124 and hence the principle of direct effect may be relevant because the member state has not implemented it at all and hence Gunilla may be able to use the principle.

  2. EU Law - Albatros Pool problem case. Mark and Sunita must be advised that ...

    Bluetown has assessed their conditions and concluded that it is most likely that the cause of their asthma is attributable to chlorine fumes emitted from a swimming pool. Advise Mark and Sunita as to their rights (if any) under EC law.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work