European Union decision
Encyclopedia
In European Union law
, a decision is a legal instrument which is binding upon those individuals to which it is addressed. They are one of three kinds of legal instruments which may be effected under EU law which can have legally binding effects on individuals. Decisions may be addressed to member states or individuals. The Council of the European Union
can delegate power to make decisions to the European Commission
.
The legislative procedure for adoption of a decision varies depending on its subject matter. The ordinary legislative procedure (formerly known as the Codecision procedure) requires agreement of and allows amendments by both the European Parliament
and the Council of the European Union
. The Assent procedure
requires agreement of both Parliament and Council, but the Parliament can only agree or disagree to the text as a whole - it cannot propose amendments. The Consultation procedure requires agreement of the Council alone, the Parliament merely being consulted on the text. In some areas, such as competition policy, the Commission may itself issue decisions.
Common uses of decisions involve the Commission ruling on proposed mergers, and day-to-day agricultural matters (e.g. setting standard prices for vegetables).
On the basis of case law, decisions may have direct effect
, that is to say they may be invoked by individuals before national courts.
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
, a decision is a legal instrument which is binding upon those individuals to which it is addressed. They are one of three kinds of legal instruments which may be effected under EU law which can have legally binding effects on individuals. Decisions may be addressed to member states or individuals. The Council of the European Union
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
can delegate power to make decisions to the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
.
The legislative procedure for adoption of a decision varies depending on its subject matter. The ordinary legislative procedure (formerly known as the Codecision procedure) requires agreement of and allows amendments by both the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
and the Council of the European Union
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
. The Assent procedure
Assent procedure
The consent procedure is one of the special legislative procedures of the European Union.- Single European Act :...
requires agreement of both Parliament and Council, but the Parliament can only agree or disagree to the text as a whole - it cannot propose amendments. The Consultation procedure requires agreement of the Council alone, the Parliament merely being consulted on the text. In some areas, such as competition policy, the Commission may itself issue decisions.
Common uses of decisions involve the Commission ruling on proposed mergers, and day-to-day agricultural matters (e.g. setting standard prices for vegetables).
On the basis of case law, decisions may have direct effect
Direct effect
Direct effect is the principle of European Union law according to which provisions of Union law may, if appropriately framed, confer rights and impose obligations on individuals which the courts of European Union member states are bound to recognise and enforce...
, that is to say they may be invoked by individuals before national courts.