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.The first paragraph of Article 110 of the Treaty on the Functioning of theEuropean Union …Article 191(2) TFEU, second subparagraph …Note that a reference such as Article 198a is not to a subdivision but to anarticle subsequently inserted after Article 198.Here, the letter is always inlower case and closed up to the number.16SECONDARY LEGISLATION16.1The various legal acts adopted under the Treaties form the European Union’s‘secondary legislation’.As specified in Article 288 of the Treaty on theFunctioning of the European Union, they comprise chiefly:RegulationsDirectivesDecisions28 June 201355/88English Style GuideRegulations and decisions are directly applicable and binding in all EUMember States.Directives on the other hand are binding but not directlyapplicable: they set out the objectives to be achieved and require the MemberStates to incorporate them into their national legislation.This incorporation istermed transposition.Consequently, only directives are transposed intonational legislation, but all three types of legal act are implemented or applied,i.e.given practical effect.Where such acts are adopted following a legislative procedure, they are termed‘legislative acts’.‘Non-legislative acts’ are accordingly those where nolegislative procedure is required, for example where power is delegated to theCommission to adopt acts or where the Commission adopts an act toimplement a legislative act.In the latter cases (since the Treaty of Lisbon), theact has to include the adjectives delegated or implementing in its title.Legal acts also include recommendations and opinions, but these are non-binding.To consult individual legal acts, see the EU’s law website EUR-Lex.16.2For matters coming under what were the second and third pillars of theEuropean Union before amendment by the Treaty of Lisbon, the originalTreaty on European Union also introduced framework decisions, joint actionsand common positions.Following the Lisbon Treaty, however, they areobsolete.LEGISLATIVE PROCEDURES16.3Legislative procedures have been overhauled by the Treaty of Lisbon: there isnow an ordinary legislative procedure and special legislative procedures.16.4Ordinary legislative procedure (Article 294 TFEU).Under this procedure,originally introduced as the ‘codecision procedure’ by the Treaty on EuropeanUnion, Parliament jointly adopts legislation with the Council.It is described indetail in Article 294 of the Treaty on the Functioning of the European Union(TFEU) and is used for all EU legislation except in cases specifically definedin the TFEU as coming under a ‘special legislative procedure’.16.5Special legislative procedure (Article 289 TFEU).In cases specifically definedin the Treaty on the Functioning of the European Union, the Council or anotherinstitution may adopt legislation on its own.This may involve consulting theEuropean Parliament or obtaining its consent.TITLES AND NUMBERING16.6Draft legislation.In relation to EU legislation, the word draft denotes that theact in question has not yet been formally approved by the Commission.In thesimplest case, it is used to qualify Commission acts (e.g.a draft CommissionRegulation) before they are adopted by the Commission.For acts that are56/8828 June 2013English Style Guideproposed by the Commission for adoption by other EU institutions, there is anadditional stage in the procedure: Commission departments prepare a draftproposal (e.g.draft proposal for a Regulation of the Council and of theEuropean Parliament), which the Commission approves, whereupon thedesignation draft is dropped and the proposal is sent to the Council and theEuropean Parliament for discussion and possible adoption.Draft Commission legislation is accompanied by a Memorandum to theCommission (FR: Communication à la Commission) while draft proposals fornon-Commission acts also include an Explanatory Memorandum ( Exposé desmotifs), which is sent with the proposal to the legislator.All unadopted acts have attached to them a financial statement (FR: fichefinancière) detailing the budget implications and an impact assessment (FR:fiche d’impact) setting out more general implications.16.7Numbering of acts.Legal acts are numbered by year and serial number.Theserial numbering restarts at the beginning of every year and is separate for eachtype of act.Since 1999, the year has been written with four digits rather thantwo.However, this is not retroactive: numbers before 1999 keep the two-digityear.The number of an act normally constitutes part of its title, but the form thistakes differs depending on the type of act.For acts where the serial numbercomes before the year, the contraction No precedes the number.See thefollowing sections for more details.16.8Regulations.The number of a regulation is an integral part of its title andfollows the pattern [Institution] Regulation (EC) No ##/year.The citation formis therefore as follows:Council Regulation (EC) No 139/2004 on the control of concentrations betweenundertakingsUntil 1967, EEC and Euratom regulations were numbered separately, incumulative series from 1958 to 1962, and then annually.Since 1 January 1968they have formed a single series, numbered annually:(before 1963) EEC Council Regulation No 17(before 1968) Council Regulation No 1009/67/EEC(since 1968) Commission Regulation (EEC) No 1234/8416.9Directives [ Pobierz całość w formacie PDF ]
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.The first paragraph of Article 110 of the Treaty on the Functioning of theEuropean Union …Article 191(2) TFEU, second subparagraph …Note that a reference such as Article 198a is not to a subdivision but to anarticle subsequently inserted after Article 198.Here, the letter is always inlower case and closed up to the number.16SECONDARY LEGISLATION16.1The various legal acts adopted under the Treaties form the European Union’s‘secondary legislation’.As specified in Article 288 of the Treaty on theFunctioning of the European Union, they comprise chiefly:RegulationsDirectivesDecisions28 June 201355/88English Style GuideRegulations and decisions are directly applicable and binding in all EUMember States.Directives on the other hand are binding but not directlyapplicable: they set out the objectives to be achieved and require the MemberStates to incorporate them into their national legislation.This incorporation istermed transposition.Consequently, only directives are transposed intonational legislation, but all three types of legal act are implemented or applied,i.e.given practical effect.Where such acts are adopted following a legislative procedure, they are termed‘legislative acts’.‘Non-legislative acts’ are accordingly those where nolegislative procedure is required, for example where power is delegated to theCommission to adopt acts or where the Commission adopts an act toimplement a legislative act.In the latter cases (since the Treaty of Lisbon), theact has to include the adjectives delegated or implementing in its title.Legal acts also include recommendations and opinions, but these are non-binding.To consult individual legal acts, see the EU’s law website EUR-Lex.16.2For matters coming under what were the second and third pillars of theEuropean Union before amendment by the Treaty of Lisbon, the originalTreaty on European Union also introduced framework decisions, joint actionsand common positions.Following the Lisbon Treaty, however, they areobsolete.LEGISLATIVE PROCEDURES16.3Legislative procedures have been overhauled by the Treaty of Lisbon: there isnow an ordinary legislative procedure and special legislative procedures.16.4Ordinary legislative procedure (Article 294 TFEU).Under this procedure,originally introduced as the ‘codecision procedure’ by the Treaty on EuropeanUnion, Parliament jointly adopts legislation with the Council.It is described indetail in Article 294 of the Treaty on the Functioning of the European Union(TFEU) and is used for all EU legislation except in cases specifically definedin the TFEU as coming under a ‘special legislative procedure’.16.5Special legislative procedure (Article 289 TFEU).In cases specifically definedin the Treaty on the Functioning of the European Union, the Council or anotherinstitution may adopt legislation on its own.This may involve consulting theEuropean Parliament or obtaining its consent.TITLES AND NUMBERING16.6Draft legislation.In relation to EU legislation, the word draft denotes that theact in question has not yet been formally approved by the Commission.In thesimplest case, it is used to qualify Commission acts (e.g.a draft CommissionRegulation) before they are adopted by the Commission.For acts that are56/8828 June 2013English Style Guideproposed by the Commission for adoption by other EU institutions, there is anadditional stage in the procedure: Commission departments prepare a draftproposal (e.g.draft proposal for a Regulation of the Council and of theEuropean Parliament), which the Commission approves, whereupon thedesignation draft is dropped and the proposal is sent to the Council and theEuropean Parliament for discussion and possible adoption.Draft Commission legislation is accompanied by a Memorandum to theCommission (FR: Communication à la Commission) while draft proposals fornon-Commission acts also include an Explanatory Memorandum ( Exposé desmotifs), which is sent with the proposal to the legislator.All unadopted acts have attached to them a financial statement (FR: fichefinancière) detailing the budget implications and an impact assessment (FR:fiche d’impact) setting out more general implications.16.7Numbering of acts.Legal acts are numbered by year and serial number.Theserial numbering restarts at the beginning of every year and is separate for eachtype of act.Since 1999, the year has been written with four digits rather thantwo.However, this is not retroactive: numbers before 1999 keep the two-digityear.The number of an act normally constitutes part of its title, but the form thistakes differs depending on the type of act.For acts where the serial numbercomes before the year, the contraction No precedes the number.See thefollowing sections for more details.16.8Regulations.The number of a regulation is an integral part of its title andfollows the pattern [Institution] Regulation (EC) No ##/year.The citation formis therefore as follows:Council Regulation (EC) No 139/2004 on the control of concentrations betweenundertakingsUntil 1967, EEC and Euratom regulations were numbered separately, incumulative series from 1958 to 1962, and then annually.Since 1 January 1968they have formed a single series, numbered annually:(before 1963) EEC Council Regulation No 17(before 1968) Council Regulation No 1009/67/EEC(since 1968) Commission Regulation (EEC) No 1234/8416.9Directives [ Pobierz całość w formacie PDF ]