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For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been a regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle. [3] [failed verification]
A regulation is a legal act of the European Union [1] which becomes immediately enforceable as law in all member states simultaneously. [ 2 ] [ 3 ] Regulations can be distinguished from directives which, at least in principle, need to be transposed into national law .
Direct applicability is a concept of European Union constitutional law that relates specifically to regulations, direct applicability (or the characteristic of regulations to be directly effective) is set out in Article 288 (ex Article 249) of the Treaty on the Functioning of the European Union (as amended by the Lisbon Treaty). [1]
Legal Acts of the European Union are laws which are adopted by the Institutions of the European Union in order to exercise the powers given to them by the EU Treaties. They come in five forms: regulations, directives, decisions, recommendations and opinions. [1] Regulations and directives can be either legislative or non-legislative acts.
Directives occur when a decision at an EU level is used to direct member state governments on what to do. Directives specify the results to be achieved and the deadline within which to achieve them, but form and methods of implementation are left at the discretion of member states.
While the European Economic Community originally focused on free movement, and dismantling barriers to trade, more EU law today concerns regulation of the "social market economy". [279] In 1976 the Court of Justice said in Defrenne v Sabena the goal was "not merely an economic union", but to "ensure social progress and seek the constant ...
The main aim of the Directive is to create a genuine internal market in Services. As the directive intends to harmonise rules, the main idea is to eliminate regulation that hampers trade and directive investment in services. The Services Directive introduces the principle of "country of origin" for the provision of services in the EU, meaning ...
The landmark judgments on the direct effect of Directives are Van Duyn v Home Office, [8] which established vertical direct effect of Directives, and Marshall v Southampton Health Authority, [9] which established that there is no horizontal direct effect of unimplemented directives. The horizontal direct effect of Directives is a contentious issue.