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The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC). Article 288. To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall ...
The description of regulations can be found in Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC). Article 288. To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application.
Most of the time Regulations and Directives will set out the relevant remedies to be awarded, or they will be construed from the legislation according to the practices of the member state. [140] It could also be that the government is responsible for failure to properly implement a Directive or Regulation, and must therefore pay damages.
A regulation becomes immediately enforceable as law in all member states simultaneously. It can be considered as equivalent to a pan-European act of parliament. A directive requires member states to achieve a particular result without dictating the means of achieving that result. A decision is binding in its entirety. A decision which specifies ...
Regulation in the social, political, psychological, and economic domains can take many forms: legal restrictions promulgated by a government authority, contractual obligations (for example, contracts between insurers and their insureds [1]), self-regulation in psychology, social regulation (e.g. norms), co-regulation, third-party regulation, certification, accreditation or market regulation.
The recommendation is an instrument of indirect action aiming at preparation of legislation in Member States, differing from the Directive only by the absence of obligatory power. Article 292 notes that the European Commission may make recommendations, and in specific cases the European Central Bank may also make recommendations.
1 Difference between Regulation and Directive. 2 Key points of Commission's proposal. 3 Reception. 4 References. 5 External links. Toggle the table of contents.
Direct applicability is a concept of European Union constitutional law that relates specifically to regulations, direct applicability (or the characteristic of regulations to be directly effective) is set out in Article 288 (ex Article 249) of the Treaty on the Functioning of the European Union (as amended by the Lisbon Treaty). [1]