Decision (European Union)

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In European Union law, a decision is a legal instrument which is binding upon those individuals to which it is addressed.^[1]^[2] They are one of three kinds of legal instruments which may be effected under EU law which can have legally binding effects on individuals.^[1] Decisions may be addressed to member states or individuals.^[3] The Council of the European Union can delegate power to make decisions to the European Commission.^[1]

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.^[3]^[4]

References

1 2 3 Craig, Paul; Gráinne de Búrca (2007). EU Law, Text, Cases and Materials (4th ed.). Oxford, New York: Oxford University Press. p. 86. ISBN 978-0-19-927389-8.
↑ Per Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC).
1 2 Steiner, Josephine; Lorna Woods; Christian Twigg-Flesner (2006). EU Law (9th ed.). Oxford, New York: Oxford University Press. p. 105. ISBN 978-0-19-927959-3.
↑ Craig, Paul; Gráinne de Búrca (2007). EU Law, Text, Cases and Materials (4th ed.). Oxford, New York: Oxford University Press. p. 279. ISBN 978-0-19-927389-8.

Judiciary and law of the European Union

Judiciary	Court of Justice of the European Union European Court of Justice (members) General Court Civil Service Tribunal European lawyer Relationship with ECHR Public Prosecutor European civil code

Treaties	Rome Treaty Merger Treaty Single European Act Maastricht Treaty Amsterdam Treaty Nice Treaty Lisbon Treaty Charter of Fundamental Rights Opt-outs

Acts	Acquis: Regulation Directive Framework Directive Decision Recommendation

Procedures	Ordinary legislative procedure Consultation procedure Assent procedure Commission and Council acting alone Commission acting alone

Principles and terms	Subsidiarity Supremacy Direct applicability Direct effect Indirect effect Incidental effect Gold-plating Four freedoms Host state regulation Home state regulation Acquis communautaire EUR-Lex Minimum harmonisation Maximum harmonisation Home country control State liability Proportionality Principle of legal certainty Principle of conferral Preliminary ruling European labour law European Enforcement Order

Regulations	Council Regulation (EC) No. 1206/2001 Council Regulation (EC) No. 1348/2000 Customs Regulation 1383/2003 Regulation 261/2004 EU-Eco-regulation Commission Regulation (EC) No 2257/94 Customs Regulation 3295/94 Regulation on roaming charges Brussels Regime CLP Regulation Regulation on Community designs Societas Europaea European Union System for the Evaluation of Substances Commission Regulation (EC) No 474/2006 REACH Rome II Regulation

Directives	Good Clinical Practice Directive Data Protection Directive ATEX directive Battery Directive Best available technology Biocidal Products Directive Birds Directive Capital Requirements Directive Clinical Trials Directive Computer Programs Directive Conditional Access Directive Copyright Directive Copyright Duration Directive (93/98/EEC) Copyright Term Directive (2006/116/EC) Cosmetics Directive Dangerous Substances Directive (67/548/EEC) Dangerous Preparations Directive Data Retention Directive Database Directive Database right Directive 2000/43/EC on Anti-discrimination Directive establishing a general framework for equal treatment in employment and occupation Directive on Privacy and Electronic Communications Directive on the Promotion of the use of biofuels and other renewable fuels for transport Directive on the re-use of public sector information Directive on Electricity Production from Renewable Energy Sources End of Life Vehicles Directive CHP Directive Directive on the energy performance of buildings Directive on the enforcement of intellectual property rights Directive 2004/38/EC on the right to move and reside freely Environmental liability directive European SEA Directive 2001/42/EC European units of measurement directives Habitats Directive Integrated Pollution Prevention and Control Internal Market in Electricity Directive Landfill Directive Directive on the legal protection of biotechnological inventions Directive on the legal protection of designs Markets in Financial Instruments Directive Measuring Instruments Directive Medical Devices Directive Posted Workers Directive Pressure Equipment Directive Rental Directive Resale Rights Directive Restriction of Hazardous Substances Directive Satellite and Cable Directive Directive on services in the internal market Temporary and Agency Work Directive Trade Marks Directive European Directive on Traditional Herbal Medicinal Products Unfair Commercial Practices Directive Universal Service Directive Urban Waste Water Directive Waste Electrical and Electronic Equipment Directive Waste Incineration Directive Waste framework directive Water Framework Directive Working Time Directive

Cases	ECJ Rulings (Caselex): Allonby v Accrington and Rossendale College Apostolides v Orams Bosman Cassis de Dijon Chacon Navas v Eurest Colectividades SA Chen Ciaran Tobin Coleman v Attridge Law Costa v ENEL Factortame Francovich Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd Kolpak Microsoft v Commission Marleasing SA v La Comercial Internacional de Alimentacion SA Metock Nordsee Palacios de la Villa v Cortefiel Servicios SA Peter Paul and Others v Bundesrepublik Deutschland Procureur du Roi v Dassonville Ralf Sieckmann v Deutsches Patent und Markenamt Tanja Kreil Van Duyn v Home Office Van Gend en Loos

Fraud	Court of Auditors European Anti-fraud Office Accountability in the European Union

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