In recent years, there has been a clear preference by the European legislator for regulations rather than directives. This trend has raised some doubts about the legitimacy of this choice, especially in the light of the apparent exclusion of Member States, who, otherwise, with directives enjoy greater room for manoeuvre. The article, starting from statistical data, analyses the legal reasons behind this choice and highlights specific features of the latest regulations. In particular, the use of the technique of deferring application with respect to the date of entry into force, together with the extensive use of implementing acts, suggests that most new regulations depart from the formal distinction enshrined in Article 288 TFEU. This observation leads us to reflect on the practical consequences of many recently adopted regulations, both in terms of substantive effects and in terms of Member States participation in the legislative process. In conclusion, this paper aims to demonstrate how, although widely used, new regulations have traits that still guarantee national legal systems a prominent role for the full application of EU law.
New Legislative Approach with Old Legislative Tools: the recent (ab)use of regulations in European Union Law
Capuano valeria
2025-01-01
Abstract
In recent years, there has been a clear preference by the European legislator for regulations rather than directives. This trend has raised some doubts about the legitimacy of this choice, especially in the light of the apparent exclusion of Member States, who, otherwise, with directives enjoy greater room for manoeuvre. The article, starting from statistical data, analyses the legal reasons behind this choice and highlights specific features of the latest regulations. In particular, the use of the technique of deferring application with respect to the date of entry into force, together with the extensive use of implementing acts, suggests that most new regulations depart from the formal distinction enshrined in Article 288 TFEU. This observation leads us to reflect on the practical consequences of many recently adopted regulations, both in terms of substantive effects and in terms of Member States participation in the legislative process. In conclusion, this paper aims to demonstrate how, although widely used, new regulations have traits that still guarantee national legal systems a prominent role for the full application of EU law.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
