The search for legal acts redirects to an advanced search form that offers many options. Requests are only made in the « Legal acts » section. At the top of the search form, you have the option: (i) to limit your search to applicable law; (ii) limit your search to basic legal acts; or (iii) exclude corrections. The budget is a special type of decision for the establishment of the annual budget of the European Union. It is a legally binding legal act. Over the course of a year, the budget is adjusted to adapt to changing realities as well as financial disruptions and setbacks. The judgment of the Court of Justice of the European Union (CJEU) of 16 July 2020 in the case of Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems (Case C-311/18, « Schrems II »), is undoubtedly a constitutional judgment. It strongly reaffirms the importance of maintaining a high level of protection of personal data transferred from the European Union to third countries and of comprehensively addressing the issue of government access to data not only by the United States (USA) but also by any other country. This creates many uncertainties about the legal basis for future data transfers from the EU to other countries. And it also has important constitutional implications for European public policy.
In a protracted legal battle, the UK Supreme Court has finally clarified the impact of multilateral interchange fees (MIFs) between card-issuing companies on EU competition law. In the combined cases Sainsbury`s Supermarkets Ltd (respondent) v Visa Europe Services LLC and Others, (Appellant) Sainsbury`s Supermarkets Ltd and Others (defendants) v. Mastercard Incorporated and Others (appellants) [2020] UKSC 24, the Supreme Court clearly ruled in favour of supermarket chains and held that the MIF constituted a restriction of competition contrary to Article 101(1) of the Treaty on the Functioning of the European Union (TFEU). The appeal judgment represents a number of firsts not only for the UK court, but also for MiFID legal debate in general. This is the first test of appeal of the binding effect of ECJ Article 101 case law in the UK and the first decision by a European court that Visa`s multilateral interchange fee constitutes a restriction of competition. The irony that such a historic decision on EU competition law issues was taken by the UK in the last six months of its transition period before leaving the Union has not escaped its notice. Ironically, it is hoped that the decision will end the legal debate over the interchange fees set by Visa and Mastercard once and for all. You will find these documents as well as a full legal analysis and links to related information (validity of the act, date of entry into force, related procedures, interpretation by the Court of Justice of the European Union and much more). Legislative acts are acts adopted under the ordinary legislative procedure or under special legislative procedures. List of the main acts based on the Treaties in this section The Commission did not agree with the choice of legal bases for the CFSP Decision, in particular the substantive legal basis of Article 37 TEU and the procedural legal basis of Article 218(8)(2) TFEU. Furthermore, the Council was not allowed to artificially divide a single act into two different parts with different priorities.
Continue reading « Territorial expansion » is described by Scott as the practice that allows the EU to « regulate activities that are not centered on EU territory and shape the direction and content of third country law and international law. » I described « rule transfer » as « a means or procedure by which EU legislation is adopted in the legal systems of third countries » and showed how EU rules move abroad and are adopted. Read more The European Union has a number of legal instruments. These are used to define or coordinate policies, take measures and launch programmes, facilitate policy implementation and provide advice to Member States. Legal instruments are divided into two categories: binding and non-binding. Legal instruments introduced specifically for the implementation of EU legal acts are mandatory, but have been grouped together in a final third section. This legally binding legal act of the European Union is directly applicable in all Member States of the European Union. Delegated decisions may be addressed to specific legal entities and shall be binding only on them. In this section you will find the main types of EU legislation: regulations, directives, decisions, recommendations and opinions. You can also search for other specific documents issued by EU institutions or bodies (e.g. communications from the European Commission, reports from the European Court of Auditors). Implementing acts are non-legislative acts that ensure uniform conditions for the implementation of legally binding EU acts in all EU Member States. They are adopted by the Commission (or, exceptionally, by the Council) after consulting committees composed of experts from the EU Member States.
An « opinion » is an instrument that allows institutions to make a declaration without commitment, i.e. without imposing a legal obligation on its addressees. An opinion is not binding. It can be issued by the main EU institutions (Commission, Council, Parliament), the Committee of the Regions and the European Economic and Social Committee. In the course of legislation, the committees issue opinions from their specific regional or economic and social point of view. For example, the Committee of the Regions has issued an opinion on the Clean Air for Europe package. This particular type of agreement is used to establish institutional arrangements between the Council of Ministers, the European Parliament and the European Commission. The aim of the agreement is to increase efficiency and clarify procedures in order to prevent or limit conflicts between institutions.
The interinstitutional agreement may or may not be legally binding. A « recommendation » is not binding. When the Commission recommended that judicial authorities in EU countries improve their use of videoconferencing to help judicial services work better across borders, there were no legal consequences. A recommendation allows institutions to express their views and propose a course of action without imposing a legal obligation on its addressees. The objectives set out in the EU Treaties are achieved through different types of legal acts. Some are binding, some are not. Some apply to all EU countries, others to only a few. Treaties are legally binding agreements between countries on a specific topic. Treaties are governed by international law. This legally binding legal act of the European Union sets a number of objectives that all Member States of the European Union must achieve.
Member States are required to transpose the Directives. Member States are free to choose the way they deem appropriate to achieve the required objectives. Chatbots used in smartphone apps can run differently. Many commercial applications are already designed and deployed specifically for different countries due to different languages or other legal requirements. In this case, applications will be exposed in European markets, but those operating elsewhere may not feel compelled to make this change. A decision as a whole is legally binding. Unless explicitly stated otherwise, a decision is binding on the whole EU. Decisions may be addressed to specific legal persons, in which case a decision is binding only on those legal persons.
In its current form, the decision was introduced by the Treaty of Lisbon, which entered into force in December 2009. It replaces various legal instruments introduced by earlier treaties. In Schrems II, the Court confirmed both the validity of the standard contractual clauses for data transfers under Commission Decision 2010/87/EU (subsequently amended by Commission Decision 2016/2297) and Commission Decision 2016/1250, which constituted the legal basis for the EU-US Privacy Shield, which was the successor to the Safe Harbour Agreement. In addition to its impact on SCCs and the Privacy Shield, Schrems II has important implications for the future regulation of international data transfers. Depending on the policy, measure, action or recommendation that the EU wishes to pursue, one or more legal instruments may be used. In some cases, only certain instruments may be used. Only one instrument is chosen for each act. This legally binding legal act of the European Union is directly applicable in all Member States of the European Union. The Regulation is similar to national legislation in terms of its effects and direct effect.
This makes the regulation the most widely used of all EU legal instruments. List of most important legal acts Hide the list of most important acts Many important labour laws in Ireland started as EU directives or regulations or adopted aspects.
