Framework Decision - Legal Basis

Legal Basis

The legal basis for framework decisions was Article 34 of the Treaty on European Union. As amended by the Treaty of Nice and before being repealed by the Lisbon Treaty this Article read:

Article 34

2. The Council shall take measures and promote cooperation, using the appropriate form and procedures as set out in this title, contributing to the pursuit of the objectives of the Union. To that end, acting unanimously on the initiative of any Member State or of the Commission, the Council may:

...

(b) adopt framework decisions for the purpose of approximation of the laws and regulations of the Member States. Framework decisions shall be binding upon the Member States as to the result to be achieved but shall leave to the national authorities the choice of form and methods. They shall not entail direct effect; ...

The continued basis for framework decisions is set out in transitionary provisions of the Lisbon Treaty. Article 9 of the Protocol on Transitional Provisions provides that:

The legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted on the basis of the Treaty on European Union prior to the entry into force of the Treaty of Lisbon shall be preserved until those acts are repealed, annulled or amended in implementation of the Treaties. The same shall apply to agreements concluded between Member States on the basis of the Treaty on European Union.

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