Regulation (European Union)
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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 rather than regulatory delegated legislation; as such, they are often described as "Acts" (e.g. the Digital Services Act).
Description
The description of regulations can be found in Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC).
The Council can delegate legislative authority to the Commission and, depending on the area and the appropriate legislative procedure, both institutions can make laws. There are Council regulations and Commission regulations. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems.
Legal effect
Regulations are in some sense equivalent to the legislative acts of the member states, in the sense that what they say is law and they do not need to be mediated into national law by means of implementing measures. 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 with 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.
Although a regulation in principle has a direct effect, the Belgian Constitutional Court has ruled that the international institutions, such as the EU, may not derogate from the national identity as set out in the political and constitutional basic structures of the country, or the core values of the protection of the Constitution.
Subclasses
See also
- Acquis communautaire – EU's accumulated law and legal precedent
- EudraLex – EU laws on medicinal products
- EUR-Lex – Official website of EU Law and documents
- European Union law
- Framework decision – Former EU law on criminal justice
- List of European Union directives
- List of European Union regulations
References
External links
Media related to European Union Regulations at Wikimedia Commons
- UK House of Commons: Report of the EU Legislative Process and scrutiny by national parliaments.
- EUR-Lex, European Union Law database.