Acts the EU can adopt

Question 1

What is the TYPICAL STRUCTURE of a EU act?

Answer 1

1) name of the act
2) name of the EU institution adopting the act
3) legal basis –> important to assess whether the principle of conferral is being respected
4) references to the PROCEDURE and/or INVOLVEMENT OF OTHER ACTORS
5) binding part= articles

Question 2

What are REGULATIONS?

Answer 2

A regulation is a legal instrument and it’s a measure of general application, binding in its entirety and directly applicable to all EU MS without need for national implementation legislation

Question 3

What are DECISIONS?

Answer 3

A decision is a legal instrument that shall be binding in its entirety; when a decision specifies TO WHOM it’s addressed, it shall be binding only on them

Question 4

How many kinds of DECISIONS do we have?

Answer 4

1. ADMINISTRATIVE INSTRUMENT (specific addressees)= the conclusion of a compliance mechanism –> does NOT enjoy direct effect
2. NORMATIVE INSTRUMENT= consists of adopting general decisions in order to introduce institutional modifications
   - can be directly effective –> if provisions are clear, precise and unconditional

Question 5

What is a DIRECTIVE?

Answer 5

A directive is a legally binding act that establishes a set of objectives that EU MS have to fulfil + they have to implement that directive. MS are free to choose how to achieve those objectives and how to implement the directive the way they want.

• directives are binding with regards to the results that must be reached
• directives are indirect instruments –> meaning that they need implementation by MS and are not directly applicable, IN THEORY

Question 6

What is the VAN DUYN CASE related to?

Answer 6

This case is related to the application of a directive adopted by the EU Communities concerning the possibility for MS to rely on grounds of public order in order to limit the free movement of workers within the EU single market

Question 7

What is the MARSHALL CASE related to?

Answer 7

This case is related to a directive concerning the prohibition of discrimination on grounds of sex with regards to working condition

Question 8

What is the FRANCOVICH CASE related to?

Answer 8

This case is related to a directive adopted at EU level introducing protection for workers of companies that were subject to difficulties and crisis

Question 9

What is a RECOMMENDATION?

Answer 9

It allows EU institutions to make their views known and to suggest a line of action without imposing any legal obligations on those to whom it’s addressed.
-It has no binding force

Question 10

What are OPINIONS?

Answer 10

They are instruments that allow EU Institutions to make a statement without imposing any legal obligation on the subject of the opinion
-It has no binding force