| European Union Regulation |
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| european union law | |
| regulation | |
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A regulation is a Legislative Act of the European Union which becomes immediately enforceable as law in all member states simultaneously. It can be distinguished from Directives which are, at least in principle, binding only on a particular result to be achieved and dependent on implementing measures. LEGAL BASIS The legal basis for the enactment of regulations is article 249 of the Treaty Establishing The European Community and, as such, regulations only apply within the European Community pillar of the European Union. :Article 249 In order to carry out their task and in accordance with the provisions of this Treaty, the European Parliament acting jointly with the Council, the Council and the Commission shall make regulations and issue directives, take decisions, make recommendations or deliver opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force. LEGAL EFFECT Regulations are in some sense equivalent to " Acts Of Parliament of the Union", in the sense that what they say is law. As such, regulations constitute one of the most powerful forms of European Union law and a great deal of care is required in their drafting and formulation. When a regulation comes into force it overrides all national laws dealing with the same subject matter and subsequent national legislation must be consistent to and made in the light of the regulation. While member states are prohibited from obscuring the direct effect of regulations, it is common practice to pass legislation dealing with consequential matters arising from the coming into force of a regulation. EUROPEAN CONSTITUTION If the European Constitution is ratified and enters into force, regulations will become known as ''European laws'', with the term "regulation" shifting to describe Delegated Legislation . SEE ALSO EXTERNAL LINKS
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