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Commission Directive 66/683/EEC of 7 November 1966 eliminating all differences between the treatment of national products and that of products which, under Articles 9 and 10 of the Treaty, must be admitted for free movement, as regards laws, regulations or administrative provisions prohibiting the use of the said products and prescribing the use of national products or making such use subject ...
A regulation is a legal act of the European Union [1] which becomes immediately enforceable as law in all member states simultaneously. [ 2 ] [ 3 ] Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law .
Legal Acts of the European Union are laws which are adopted by the Institutions of the European Union in order to exercise the powers given to them by the EU Treaties. They come in five forms: regulations, directives, decisions, recommendations and opinions.
In the European Union, harmonisation of law (or simply harmonisation) is the process of creating common standards across the internal market.Though each EU member state has primary responsibility for the regulation of most matters within their jurisdiction, and consequently each has its own laws, harmonisation aims to:
For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been a regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle.
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. [128] It could also be that the government is responsible for failure to properly implement a Directive or Regulation, and must therefore pay damages.
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]
This indicates that a citizen is able to rely on a provision from the EU law against another citizen before the national court. [5] These obligations can create rights for or be imposed on citizens in the Member State. [5] Unlike treaty articles and regulations, Directives are usually incapable of being horizontally directly effective. [5]