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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]
The Services Directive introduces the principle of "country of origin" for the provision of services in the EU, meaning that a legal/natural person following the rules in its home country is entitled to provide services in other EU countries without following additional regulation in the host country where the service is provided.
Although a regulation in principle has a direct effect, the Belgian Constitutional Court has ruled that the international institutions, such as the EU, may not derogate from the national identity as set out in the political and constitutional basic structures of the country, or the core values of the protection of the Constitution.
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace ...
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.
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.
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 ...
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.