ABSTRACT
It is clear from Article 249 that regulations and directives have ‘binding effect’ in all Member States, but, as discussed below, this takes different forms. Decisions and recommendations, on the other hand, have more limited effect, the former binding those to whom they are addressed, the latter having ‘no binding force’. There are, however, other ‘sources’ which, while not having legally binding force, nevertheless have a significant impact on the working of the Community and Union. The institutions of the Union, for example, formulate their own procedures for self-regulation. As will be seen below, the Council has the power to enter into international agreements between the Community and non-EU states on behalf of the Member States of the Union. In addition, there are measures which are labelled ‘soft’ (as opposed to ‘hard’) law. As well as recommendations and opinions under Article 249, Jo Shaw (2000) cites ‘communications, conclusions, declarations, action programmes and communiqués’ as examples of soft law. Joint actions taken by Members States in pursuit of Union objectives also fall within soft law, as do conventions and ‘framework decisions’ made in relation to policy. While the principal concern in this chapter is with the ‘hard law’ of the Community and Union, it must also be recognised that these disparate mechanisms exist in order to further European objectives across wide ranging fields of policy on which it may not be possible always to secure complete agreement between all Member States, and therefore translate a soft law measure into hard law which has binding legal effect.
