Enforcement of EU law

 

SUMMARY OF:

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

WHAT IS THE AIM OF THIS ARTICLE?

It states that to exercise the EU’s competences, the EU institutions must adopt regulations, directives, decisions, recommendations and opinions. It also describes the specific nature of these legal acts with regard to their application and the extent to which they are binding.

KEY POINTS

The EU is based on the rule of law. It relies on the law to ensure member countries properly implement its policies and priorities.

The European Commission monitors whether the legislation is applied correctly and on time. It can take legal action against governments and companies which ignore their responsibilities or break the law.

The Commission is mandated under Article 17 of the Treaty on European Union (TEU) to ensure proper application of:

The Commission:

The Court of Justice of the European Union:

National governments:

BACKGROUND

EU law is based on primary and secondary legislation. The former are the EU treaties which provide the basis and ground rules for all EU activity.

The latter consists of regulations, directives, decisions, delegated acts and implementing acts.

Regulations and decisions are automatically legally binding throughout the EU on the date they take effect and the directives have to become law in the EU countries by a certain deadline, usually 2 years.

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 I — The legal acts of the Union — Article 288 (ex Article 249 TEC) (OJ C 202, 7.6.2016, pp. 171-172)

RELATED DOCUMENTS

Consolidated version of the Treaty on European Union — Title I — Common provisions — Article 4 (OJ C 202, 7.6.2016, p. 18)

Consolidated version of the Treaty on European Union

Title III — Provisions on the institutions — Article 17 (OJ C 202, 7.6.2016, pp. 25-26)

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 I — The legal acts of the Union — Article 291 (OJ C 202, 7.6.2016, p. 173)

last update 12.07.2018