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7 Cards in this Set

  • Front
  • Back
What are the 5 secondary sources of EU law?
Article 246 EC Treaty - Regulations, Directives, Decisions, Recommendations and Opinions.
Explain Regulations.
General application, binding on all MSs, directly applicable, Vertical and horrizontal effect. Directly applicable: must be publised in L series of Official Journal, once published comes in to force on specifield date or day of publication.
Why are Regulations directly applicable?
National implementation is time consuming and burdensome, many regulations are published each year. May need to be effective quickly. i.e. in agriculture
Explain Directives.
Binding as the result to be achieved on the MSs it is addressed to. Choice of implemntation (not directly applicable). Once implemented becomes part of the domestice law. Time period of 2 years, if not implemented still vertical direct effect.
How must directive be published, when do they come into force and what it the rationale for them?
Must be published in the OJ L series, Comes into force on the stated dates of 20days after publication. If only addressed to some MSs it must be communicated.
Rationale: flexibiltiy of implemntation of some policy areas. Failure to implement = serious breach of EU law
Describe decisions.
Who may make a decision?
Binding in its entirity on those it is addressed. Must be notified to person, company of MSs.
The Commission, Council, ECJ, institutions such as European Central Bank
What use are Recommendations or Opinions?
Although not legally binding, they may used as a formal way of clarifying matters relating the EU law or polices.