EU Policy Dictionary

Communication

A Communication is a policy document with no mandatory authority. The Commission takes the initiative of publishing a Communication when it wishes to set out its own thinking on an issue. A Communication has no legal effect.

Conclusion

Council Conclusions are termed “soft law” as they are not legally binding on EU member states (ie: “non-binding”). However, “Conclusions” are political statements by the Council and enable (and legitimate) cooperation between two or more member states which may involve changes in practices or the law at national level and allows them to undertake joint operational action. As such they have been used by as few as three member states or by all. Conclusions also set out the direction of policies to be pursued when the European Commission initiates a proposal. The European and national parliaments have no say at all regarding their content. Since 11 September 2001 Council Conclusions have played an increasingly significant policy-making function and are discussed at length in the working parties. Council Resolutions have the same legal effect as Conclusions.

Decision

Decisions are EU laws relating to specific cases. They can come from the EU Council (sometimes jointly with the European Parliament) or the Commission. They can require authorities and individuals in Member States either do something or stop doing something, and can also confer rights on them. EU decisions are: (1) addressed to specific parties (unlike regulations), and (2) fully binding.

Directive

EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them. Each directive specifies the date by which the national laws must be adapted – giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations. Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards).

EU court case

The Court of Justice of the European Communities was set up under the ECSC Treaty in 1952 (based in Luxembourg). It makes sure that EU legislation is interpreted and applied in the same way in all EU countries, so that the law is equal for everyone. It ensures, for example, that national courts do not give different rulings on the same issue. The Court also ensures that EU Member States and institutions do what the law requires. The Court has the power to settle legal disputes between EU Member States, EU institutions, businesses and individuals.

Green Paper

A Green Paper is one of the old-school formal consultation techniques used by the Commission, whereby it presents a paper outlining the options that it is considering on a certain question. This document should not be longer than 30 pages and is translated into all official languages. There are minimum standards of consultation that apply, meaning everything, including responses and the Commission’s summary, have to be published on the website of the DG concerned and that stakeholders get a minimum of eight weeks to reply.

Impact Assessment

An impact assessment gives decision-makers evidence regarding the need for EU action and the advantages and disadvantages of alternative policy choices. It may also find that no action should be taken at EU level. Impact assessments are prepared for Commission initiatives expected to have significant direct economic, social or environmental impacts. These can be (1) legislative proposals, (2) non-legislative initiatives (white papers, action plans, financial programmes, negotiating guidelines for international agreements) that define future policies, and (4) implementing measures and delegated acts. Planning of impact assessments is communicated to the public via so-called roadmaps. A major component of an Impact Assessment is consultation of the stakeholders in the area being investigated. In this sense stakeholders will likely be formally consulted, either via hearings or questionnaires, to attain their opinion.

International treaty

A binding formal agreement, contract, or other written instrument that establishes obligations between two or more subjects of international law (primarily states and international organizations). The rules concerning treaties between states are contained in the Vienna Convention on the Law of Treaties (1969), and those between states and international organizations appear in the Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations (1986). [definition taken from the Encyclopaedia Britannica]

Opinion & Recommendations

These types of policy documents are primarily used as guiding documents and are not law.

Resolution

The Council and the European Parliament adopt Resolutions, which are also not binding, suggesting a political desire to act in a given area. These instruments enable the European institutions to suggest guidelines for coordination of national legislations or administrative practices in a non-binding manner, i.e. without any legal obligations for the addressees – Member States and/or citizens.

Regulation

Regulations are the most direct form of EU law – as soon as they are passed, they have binding legal force throughout every Member State, on a par with national laws. National governments do not have to take action themselves to implement EU regulations. They are different from directives, which are addressed to national authorities, who must then take action to make them part of national law, and decisions, which apply in specific cases only, involving particular authorities or individuals. Regulations are passed either jointly by the EU Council and European Parliament, and by the Commission alone.

SEC and SWD document

Staff and joint staff working documents (impact assessments, summaries of impact assessments, staff working papers). Staff working documents had the identifier SEC prior to 2012.

White Paper

A White paper is, like the Green Paper, one of the formal consultation techniques used by the Commission. It is a document in which the Commission outlines which legislative options it favours, seeking any additional comments and ideas. This document must be no longer than 15 pages and it is translated into all the official languages. The same minimum standards as for the Green Paper is applied.