Legislation in the EU

Resume
Identification
Legislation in the EU
Law in the European Union
The Law of the European Union is unique:

Is a legal system which operates alongside the laws of Member States of the European Union (EU)

EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas, especially in areas covered by the Single Market
The EU is not a federal government. The European Court of Justice established that the EU constitutes "a new legal order" in international law. It is sometimes mentioned as supranational law.

All EU legislation must be based on a specific Treaty article, which is referred to as the "legal basis" of the legislation.

Primary legislation
Treaties
The primary legislation, or treaties:

Are effectively the constitutional law of the European Union.

Are created by governments from all EU Member States acting by consensus.

Lay down the basic policies of the Union, establish its institutional structure, legislative procedures, and the powers of the Union.

Secondary legislation
All secondary legislation must be based on a specific Treaty article.
Secondary legislation is classified based on to whom it is directed and how it is to be implemented.
It can be:

Regulation
Binding for all Member States as part of national law.

Directive
Binding for all Member States but requires implementation by national legislation to be effective.

Decisions
Only affect the parties to whom they are addressed (which can be individuals, corporations, or member states).

Recommendations
Have no binding force.

Opinions
Have no binding force.
Law Enactors

Council of Ministers (frequently in co-decision with the European Parliament) and Commission are the possible enactors:

Both the Council of Ministers and the Commission are empowered under the EC Treaty to make laws.
The Council can delegate legislative authority to the Commission and, depending on the area and the appropriate legislative procedure, Commision can also make laws.

There are Council and Commission Regulations, Directives and Decisions .

Only the Commission has the right of initiative in drafting legislation.

The Council, or the Council with the EP (co-decision), may adopt legislation on a proposal from the Commission

Article 288 from the Treaty on European Union does not clearly distinguish between legislative acts and administrative acts (as is normally done in national legal systems).

Resume
Identification	Legislation in the EU
Law in the European Union	The Law of the European Union is unique: Is a legal system which operates alongside the laws of Member States of the European Union (EU) EU law has direct effect within the legal systems of its Member States, and overrides national law in many areas, especially in areas covered by the Single Market The EU is not a federal government. The European Court of Justice established that the EU constitutes "a new legal order" in international law. It is sometimes mentioned as supranational law. All EU legislation must be based on a specific Treaty article, which is referred to as the "legal basis" of the legislation.
Primary legislation Treaties	The primary legislation, or treaties: Are effectively the constitutional law of the European Union. Are created by governments from all EU Member States acting by consensus. Lay down the basic policies of the Union, establish its institutional structure, legislative procedures, and the powers of the Union.
Secondary legislation	All secondary legislation must be based on a specific Treaty article. Secondary legislation is classified based on to whom it is directed and how it is to be implemented. It can be: Regulation Binding for all Member States as part of national law. Directive Binding for all Member States but requires implementation by national legislation to be effective. Decisions Only affect the parties to whom they are addressed (which can be individuals, corporations, or member states). Recommendations Have no binding force. Opinions Have no binding force.
Law Enactors	Council of Ministers (frequently in co-decision with the European Parliament) and Commission are the possible enactors: Both the Council of Ministers and the Commission are empowered under the EC Treaty to make laws. The Council can delegate legislative authority to the Commission and, depending on the area and the appropriate legislative procedure, Commision can also make laws. There are Council and Commission Regulations, Directives and Decisions . Only the Commission has the right of initiative in drafting legislation. The Council, or the Council with the EP (co-decision), may adopt legislation on a proposal from the Commission Article 288 from the Treaty on European Union does not clearly distinguish between legislative acts and administrative acts (as is normally done in national legal systems).