Decisions in Europe

Decisions

The third category of EU legal acts is that of decisions. In some cases the Union institutions may themselves be responsible for implementing the Treaties and regulations, and this will be possible only if they are in a position to take measures binding on particular individuals, undertakings or Member States. The situation in the Member States’ own systems is more or less the same; legislation will be applied by the authorities in an individual case by means of an administrative decision.

Context of Decisions in the European Union

In the EU legal order this function is assumed by decisions, which are the means normally available to the Union institutions to order that a measure be taken in an individual case. The Union institutions can thus require a Member State or an individual to perform or refrain from an action, or can confer rights or impose obligations on them.

More about Decisions in the European Union

The basic characteristics of a decision can be summed up as follows.

_It is distinguished from the regulation by being of individual applicability: the persons to whom it is addressed must be named in it and are the only ones bound by it. This requirement is met if, at the time the decision is issued, the category of addressees can be identified and can thereafter not be extended. Reference is made to the actual content of the decision, which must be such as to have a direct, individual impact on the citizen’s situation. Even a third party may fall within the definition if, by reason of personal qualities or circumstances that distinguish them from others, they are individually affected and are identifiable as such in the same way as the addressee.

_It is distinguished from the directive in that it is binding in its entirety (whereas the directive simply sets out the objective to be attained).

_ It is directly binding on those to whom it is addressed. A decision addressed to a Member State may in fact have the same direct effect in relation to the citizen as a directive.