Page contentsPage contents Primary law: EU treatiesEvery action taken by the EU is baseded on the treaties. These binding agreements between EU member states, notably the Treaty of Rome and the Treaty of Maastricht, set out objectives of the European Union, rules for EU institutions, how decisions are made and the relationship between the EU and its members.Treaties are the starting point for EU law and are hence referred to as primary law. The EU can only pass laws in the policy areas where the member states have authorised it to do so, via the EU treaties. This is known as the principle of conferral.Treaties are negotiated and agreed upon by all the EU Member States and ratified by their parliaments, sometimes following a referendum. Over time, the EU treaties have been amended to welcome new member states, reform the EU institutions and to give the EU new areas of responsibility.EU treatiesRevision of EU treatiesAreas of EU actionSecondary law Legistative actsThe body of law that comes from the principles and objectives of the treaties is known as secondary law. These include legislative and non-legislative acts.Legislative acts are decisions adopted following one of the legislative procedures set out in the EU treaties (ordinary or special legislative procedureCurrently there are five types of legislative acts, including regulations, directives, decisions, recommendations and opinions. RegulationsRegulations are legal acts that are binding in their entirety. They are directly and uniformly applicable to all EU member states as soon as they enter into force, without needing to be transposed into national law. More on regulationsDirectivesDirectives set binding objectives upon EU member states to achieve a certain result, but leave them free to choose how to achieve these objectives. Once adopted at EU level, EU member states must adopt measures to incorporate the directive into national law (transpose). National authorities must communicate these measures to the European Commission.Transposition into national law must take place by the deadline contained by the directive (generally within 2 years). The member state must also inform the Commission to that effect. When a country does not transpose a directive, the Commission may initiate infringement proceedingsMore on directivesDecisionsDecisions are in their entirety. A decision which specifies those to whom it is addressed shall be binding only on them.More on decisionsRecommendationsRecommendations are non-binding. They allow the EU institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom it is addressed.More on recommendationsOpinionsOpinions are non-binding. They allow the EU institutions to make a statement, without imposing any legal obligation on the subject of the opinion.More on opinions The body of law that comes from the principles and objectives of the treaties is known as secondary law. These include legislative and non-legislative acts.Non-legislative acts are decisions that are not adopted by the ordinary or special legislative procedure, but rather by specific rules. For a non-legislative act to be adopted, a legislative act must first grant the power to adopt it.There are two types of non-legislative acts, delegated and implementing acts.More on implementing and delegated acts
