Law of the European Union - Critically evaluate the characteristics of Regulations, Directives and Decisions

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Law of the European Union

Critically evaluate the characteristics of Regulations, Directives and Decisions

This essay will be discussing the characteristics of Regulations, Directives and Decisions.  The critical evaluation will demonstrate how they affect Community Law and their purpose.

There are two forms of European Union (EU) legislation: primary legislation embodied in the Treaties and secondary legislation in the form of Regulations, Directives and Decisions which are used to implement the policies set out in the Treaties. The Treaty of Rome (Art.189) defines the various categories of secondary legislation:

“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.”

Article 189 empowers the council and Commission to make regulations, issue directives, make recommendations and convey opinions. These are instruments through which the policy was essential in the traits, and those adopted by the council in fulfilment of the treaties are achieved. Regulations, directives and decisions may be classed as community legislation, since they are made under the authority of the Treaty; they are to be regarded as delegated legislation. Their legality maybe challenged by the Court of Justice, but not directly in national courts, which have no power to declare community measures invalid.

The differences between the various types of measures are identifiable by article 189.

Case law, alongside community legislation of the Court of Justice is an important source of law.

The doctrine that established the supremacy of community law over national law, and of direct effects, both owe their basis to the judicial creativity of the court.

Important decisions of the Court of Justice have developed the doctrine of supremacy of community law over national law. In Van gen en loos V Nedelande Administrate Der Berlastingen case 26/62 1963 ECR 1. The Court of Justice stated that member states has 'limited their sovereign rights, albeit within limited fields'.

In Costa V Enel case 6/64 1964 ECR 585 it stated: "the transfer by the states from their domestic legal system of the rights and obligations arising under the Treaty carries with it a permanent limitation of their sovereign rights, against which a subsequent unilateral act incompatible with the concept of the community cannot prevail".

The Commission

The Commission administers the EC on a day-to-day basis.  It supervises the correct application of the Treaties and if necessary takes steps against States acting in breach of them.  The Commissioners are all drawn from Member States and are appointed by the governments of those States.  The Presidency of the Commission is held for four years. The current president is Romano Prodi (Italy).  Once appointed the Commissioners owe their allegiance to the Community.  There are 16 Commission members and each has a four-year term of office.  The members are assisted by the Consultative Committee which is made up of various interest groups. For example, The European Generic Association  has just submitted a paper pressing to allow generic firms to start development on medicinal products before the patents expire on the originator products. 

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The European Court of Justice (“ECJ”)

The ECJ is based in Luxembourg.  It is composed of judges drawn from national legal professions but once appointed, they sit as judges of their Community Court, and are independent of their national allegiances.  The Court ensures that the implementation of the Treaties is in accordance with the rule of European law.   

There are six Advocate Generals, whose role is to analyse the relevant Community law and give a view about how the Court should decide the case.  A single advocate general advises in each case. Once their opinion is given they play ...

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