European Union regulations

SUMMARY OF:

Article 288 of the Treaty on the Functioning of the European Union (TFEU) – regulations

WHAT IS THE AIM OF THE ARTICLE?

It defines the various types of legal acts that the European Union (EU) may adopt, including regulations.

KEY POINTS

• Regulations are legal acts defined by Article 288 of the Treaty on the Functioning of the European Union (TFEU). They have general application, are binding in their entirety and are directly applicable in EU Member States.
• It should be noted, however, that some regulations do not apply to all Member States, and that there are exemptions, known as opt-outs, for certain Member States, such as:
  • Denmark, for example in some parts of the area of freedom, security and justice and the monetary union;
  • Ireland, for example in the case of the area of freedom, security and justice; and
  • Poland in parts of the EU Charter on Fundamental Rights.
• For example, when the EU decided to take action to better protect human health and the environment against the risks associated with chemical substances, it adopted Regulation (EC) No 1907/2006 (known as the REACH regulation – see summary) on this issue.
• Regulations form part of the EU’s secondary law. They are adopted by the EU institutions on the basis of the treaties. They aim to ensure the uniform application of EU law across the EU.
• A regulation can be a legislative, delegated or implementing act. If it is adopted following an ordinary or special legislative procedure by the Council of the European Union and the European Parliament, it is a legislative act.
• A regulation is of general application to abstract categories of persons (not identified persons) and is binding in its entirety. A decision, on the contrary, can specify to whom it is addressed, and then it is binding only to them.
• A regulation must be complied with fully by those to whom it applies and is directly applicable in Member States. This means that it:
  • applies directly after its entry into force in Member States, without needing to be transposed into national law;
  • can create rights and obligations for individuals, who can therefore invoke it directly before national courts;
  • can be used as a reference by individuals in their relationship with other individuals, Member States and EU authorities.
• It enters into force on the date that it sets or, failing that, 20 days after its publication in the Official Journal of the European Union. Regulations are simultaneously, automatically and uniformly applicable across the EU.

Delegated regulations

In the delegated acts procedure (Article 290 of the TFEU), the European Commission may adopt delegated regulations to complement or amend certain non-essential elements of a legislative act.

Implementing regulations

• In the implementing acts procedure (Article 291 of the TFEU), the Commission, and in exceptional cases the Council, may adopt regulations for the execution of legislation requiring uniform implementation within the EU. The implementing powers of the Commission must be exercised in accordance with Regulation (EU) No 182/2011 (see summary).
• The European institutions may also adopt implementing regulations for the European Social Fund and the European Regional Development Fund. This type of regulation is defined in Articles 164 and 178 of the TFEU.

BACKGROUND

For further information, see:

• Law (European Union website).

MAIN DOCUMENT

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 2 – Legal acts of the Union, adoption procedures and other provisions – Section 1 – The legal acts of the Union – Article 288 (ex Article 249 TEC) (OJ C 202, 7.6.2016, pp. 171–172).

last update 16.03.2022