Legal Acts

Distinction between Primary and Secondary Law

The foundation of every EU action lies in the treaties, which are binding agreements among EU member countries. These treaties delineate the objectives of the EU, establish rules for EU institutions, define decision-making processes, and outline the relationship between the EU and its members.

Referred to as primary law within the EU, treaties serve as the initial framework for EU law.

Derived from the principles and objectives laid out in the treaties, the body of law known as secondary law encompasses regulations, directives, decisions, recommendations, and opinions.

The European Union employs various types of legal acts to achieve its objectives. Here's a breakdown of the key differences between EU treaties, Decisions, Regulations, Directives, Recommendations, and Opinions:

1. EU Treaties (Primary Law):

   • Nature: Treaties are the primary sources of EU law. They establish the legal framework and principles of the EU.

   • Creation: Treaties are negotiated and agreed upon by the member states. They require ratification by each member state according to their national procedures.

2. Regulations (Secondary Law):

   • Legal Force: Regulations are binding in their entirety and directly applicable in all member states.

   • Applicability: Regulations are general rules that apply uniformly across the EU. They do not require national implementing measures.

3. Directives (Secondary Law):

   • Legal Force: Directives are binding as to the result to be achieved but leave the choice of form and method to the member states.

   • Applicability: Directives set out objectives that member states must achieve through national legislation. Member states have flexibility in how they transpose the directive into their domestic law.

4. Decisions (Secondary Law):

   • Legal Force: Decisions are binding in their entirety upon those to whom they are addressed.

   • Applicability: Decisions are used for specific cases, individuals, or entities. They are directly applicable and do not require national implementing measures.

5. Recommendations (Secondary Law):

   • Legal Force: Recommendations are not legally binding. They do not create legal obligations.

   • Applicability: Recommendations are non-binding and serve as a form of guidance or advice.

6. Opinions (Secondary Law):

   • Legal Force: Opinions are non-binding and do not create legal obligations.

   • Applicability: Opinions express the views or recommendations of EU institutions but are not legally enforceable.

In summary, the key distinctions lie in the legal force, applicability, and binding nature of these legal acts. Treaties provide the foundational framework, while Decisions, Regulations, and Directives are instruments for specific legal effects. Recommendations and Opinions are non-binding and serve advisory roles.

Legislative and non-legislative acts

According to Article 289 of the TFEU :

• Non-legislative acts are decisions that are adopted, generally by the European Commission, following delegation (delegated acts) or in order to implement a legislative act (implementing acts)

• legislative acts are decisions adopted under the ordinary or a special legislative procedure

Comitology

Comitology is the set of procedures that allows member states to have a say in Implementing Acts or Delegated Acts. This includes meetings of representative committees, for instance.