Economics 3366A/B Study Guide - Quiz Guide: Soft Law, Rulemaking, European Union Legislative Procedure
22 Sep 2020
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Legal instruments (secondary law: art 288 tfeu: to exercise the union"s competences, the institutions shall adopt regulations, directives, decisions, (recommendations and opinions). the last two are not binding source but soft laws. Or by the treaty text (legal basis), which either allows for choice ( measures", provisions" or. Directive is a two steps process and needs to be transposed within the national legislation of the member states and the regulation applies as such generally. To conclude: the nature and the role of the legal instrument - codified in art 288 - is taken into consideration before using any of the instruments of the secondary legislation. It shall be binding in its entirety and directly applicable in all member states. Art 288 not for individual measures but for general measures it is an existing norm since rome. The equivalent of a statute or law in a national legal order" (bradley: direct applicability but not always direct effect.
