Commission communications

MrMicra

Do commission communications have a law making effect ? I thought that they are just statements of the law as the commission understands it.

Could someone clarify this for me please.

Scofflaw

MrMicra wrote: »

Do commission communications have a law making effect ? I thought that they are just statements of the law as the commission understands it.

Could someone clarify this for me please.

They're "soft law" of the kind classified as "atypical acts":

• Atypical acts are created by both the Treaty and institutional practice (mostly).
• They may or may not be mandatory (mostly)
• In any case, they set a certain direction or understanding
• Type of document: declarations, deliberations, recommendations, resolutions, communications, codes of conduct, conclusions and White and Green Papers

• These “political declarations” are often used to establish common aims and guidelines, in those areas where the EU has no, or only shared competence.
• What makes them soft law ?
- They are strong guidelines
- The Commission can adopt a resolution and then afterwards - on the basis of this resolution - follow by threats of law suits and fines. In this way, soft law can turn out to be quite binding.
- They may be used by the EU Court to interpret laws

So, a Communication would often be a clarification of the way the EU Commission felt a Directive or a European standard should work - the Member States are at liberty not to follow the Communication, but most probably will. They're not legally binding in themselves.

cordially,
Scofflaw

MrMicra

So if a member state feels that the Commission is incorrect then they can ignore the communication and substitute their own opinion (with the attendant risks).