Legislation in the European Union
Legislation is the general term for laws made by governments and other organisations, such as the European Union (EU). In this article, we shall explore the different types of legislation that exist in the EU. We shall first consider the key categories of legislation, before proceeding to look at the various types of law making processes and intricate details of legal documents found within the EU.
Overview of Legislation in the European Union
The legal system of the European Union is based on a variety of sources, including treaties and international conventions, direct laws made by the European Union’s institutions, and laws of the member states that need to be in accordance with EU legislation. It is also important to note that legal matters are mainly divided between the domain of the Union and the domain of the member states. The European Union’s law making process is highly complex and is rarely comparable to the way laws are made in a single state.
Types of Legislation in the European Union
Primary Legislation
Primary legislation is the law made in the European Union’s institutions that initiate new legislation, or revise existing legislation. In the European Union, this type of legislation commonly originates from treaties, and it is also referred to as ‘primary European Union law.’ The primary legislation in the European Union consists of:
-
Treaties – Treaties are formal agreements between member states that can be considered as cornerstone documents from which an extensive legal system is formed.
-
Regulations – Regulations are binding in all member states and are directly applicable, meaning that there is no need for their transposition or implementation by the member states.
-
Directives – Directives are binding in all member states and are to be implemented in the individual national legal systems.
Secondary Legislation
Secondary legislation, or ‘secondary European Union law’ are laws made by the institutions of the European Union under the authority of primary legislation. These may include regulations, directives, decisions, and recommendations. Secondary legislation is to be applied to the member states equally and uniformly. Examples of secondary legislation include:
-
Regulations – Regulations, as mentioned before, are binding in all member states and are directly applicable.
-
Directives – Directives are binding in all member states and are to be implemented in the individual national legal systems. Unlike regulations, directives do not have to be applied uniformly and have to be adapted to fit the domestic law of the country to which they apply.
-
Decisions – Decisions are binding to the specific persons or bodies addressed, and are not automatically applicable to all member states.
-
Recommendations and Opinions – Recommendations and opinions are not legally binding but are often used as a point of reference for the harmonization of legislation or to set a common policy.
Legal Document Formats in the European Union
The legal documents of the European Union have a specific format that includes the following information:
-
Name/Number – The legal document will have an assigned name or number that is often abbreviated.
-
Date of Publication – The dates of the document are mandatory in both the versions of the official languages: English and French.
-
Institution Issuing the Document – All legal documents must state the institution issuing the document. This will often be the European Union itself, or one of the institutions that form part of it.
-
Formal Introduction – This indicates the underpinning legal basis of the stated document, often established in previous documents.
-
Subject Matter – This will cover the title of the legal document and can also include its purpose.
This article has provided an overview of the various types of legislation found within the European Union. It is evident that a high degree of complexity is involved in the way law is made in the EU, and it is essential for anyone wishing to fully understand legislation in the EU to gain a detailed understanding of the key categories of legislation, the legal documents, and the various processes of law making.