Legal Basis
The legal basis for the enactment of regulations 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 be binding in its entirety and directly applicable in all Member States.
- A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
- A decision shall be binding in its entirety upon those to whom it is addressed.
- Recommendations and opinions shall have no binding force.
The Council can delegate legislative authority to the Commission and, depending on the area and the appropriate legislative procedure, both institutions can make laws. There are Council regulations and Commission regulations. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems.
Read more about this topic: Regulation (European Union)
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