P4; CH5: Reccomandations, Opinions and Soft-Law Instruments Flashcards
What article governs Soft Law instruments?
Art. 288 TFEU : reccomendations and opinions have no binding force
It also governs REGULATIONS, DIRETIVES and DECISIONS
What are Reccomendations?
Reccomendations are instruments of soft law used by EU Institutions to address other institutions, bodies, legal persons, MS or individuals.
They provides help in interpretation and can be object of a dispute.
They do not produce direct effect, since they are not binding.
What are Opinions?
Opinions are instruments of soft law used by EU bodies to support the LAW-MAKING PROCESS.
Often are necessary (if omitted -> act is annullable).
They do not produce direct effect, since they are not binding.