ABSTRACT
The choice of legal basis for a proposed directive is of vital importance. As a matter of law this is the case because, as previously explained, there is no inherent power of the Community to legislate. In terms of the constitutional balance of the Community, the significance of the choice of legal basis is that it determines the respective roles of the constituent elements of the Community in the legislative process. The European Parliament, like individual Member States, has also been concerned to protect its prerogatives in the law-making process. This has been particularly so as successive amendments to the Treaty have resulted in both a greater legislative role for the European Parliament and an expanded Community competence. Because of the objective nature of the test, the practice of the Council when adopting measures cannot create a binding precedent for Community institutions with regard to the correct legal basis of a particular type of legislative measure.
