Legislation
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Art. 249 EC is the foundation for all possible legislation.  This is, therefore, secondary legislation.

Regulation:        General applicability.  Binding on MSs and directly applicable.

Directive:           Binding as to result.  MS has discretion over form and method.

Decision:           Addressed to a certain person/group/MS/etc.  Binding in its entirety on those to whom it is addressed.

Recommendations & Opinions:    No binding force.  Art. 211 EC gives Commission general power to formulate recommendations and opinions.  Still justiciable in ECJ.  Soft law.

N.B. "Directly applicable" is not defined.  It has been interpreted as giving individuals

enforceable rights but could mean simply that provisions do not need to be adopted into national law.

Other Notes in this Category

1. Competence and Legal Basis
2. Court-Made Sources of EU Law
3. Flexible/Variable Geometry
4. Fundamental Rights
5. General Legislative Processes
6. Legislation
7. Subsidiarity

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