Benelux - Law

Law

The Benelux Economic Union involves an intergovernmental cooperation. Decisions are taken unanimously.

The unification of the law of the three Benelux countries is mainly achieved by regulations of its Committee of Ministers, that only bind the three states, but are not directly applicable in their internal legal orders. They only become legally valid after having been incorporated into national law.

The Treaty establishing the Benelux Economic Union has provided the Committee of Ministers with the following legal instruments: decisions, conventions, recommendations and directives.

The Committee of Ministers can promulgate decisions in the fields for which it has competence - those fields are explicitly set down in the Union Treaty or the additional conventions. When the Committee of Ministers adopts a decision, it immediately becomes binding on the three governments. For a decision to be also applicable to the citizen, it must be transposed into national law.

The Union Treaty is not exhaustive. For this reason, Article 19 of the Treaty provides that the Committee of Ministers may conclude additional conventions. These therefore constitute extensions of the Union Treaty. They are submitted to the national parliaments for approval in keeping with the ratification procedure applied in each of the Member States. Thus, there is a large number of Benelux conventions in a wide range of subject matters.

Approval of a recommendation by the Committee of Ministers is not legally binding, but rather a moral stance by the three governments. Recommendations are not devoid of any binding effect in that their approval implies an undertaking in view of their execution.

The Committee of Ministers can issue directives to the Council of Economic Union, the Committees, the General Secretariat and the joint services.

In 1965, the treaty establishing a Benelux Court of Justice was signed. It entered into force in 1975. The Court, composed of judges from the highest courts of the three States, has to guarantee the uniform interpretation of common legal rules. This international judicial institution is located in Brussels.

The Benelux is particularly active in the field of intellectual property. The three countries established a Benelux Trademarks Office and a Benelux Designs Office, both situated in The Hague. In 2005, they concluded a treaty establishing a Benelux Organization for Intellectual Property which replaced both offices upon its entry into force on 1 September 2006. This Organization is the official body for the registration of trademarks and designs in the Benelux. In addition, it offers the possibility to formally record the existence of ideas, concepts, designs, prototypes and the like.