Martina Bukovjanova

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Institutions of the EU

Regulation vs. guideline: What's better?

by Martina Bukovjanova, 2010

When you look around you, you will see some regulation or some guideline of European Union everywhere. The first question is: What does it mean?

Regulations are received either by Council of the European Union together with European Parliament or by European Commission. Regulation is a general act and it is obligatory in its entirety. It is addressees to all member states without expection. Clause of regulation has in member states immediate force like an intrastate regulation. The national authorithies can not infringe regulations (that means they can not make a new, modify or defeat regulations). Regulations in EU are for example ecologically agriculture, toy requirements, technical requirements,etc.

Guidelines are forward objectives (target) and member states should reach that objective. Member states can choose which way they reach the objective. Guidelines are addressees to one or more member states, also they can addressees to all of memberstates. The European Commission provide a final date, into which member states have to reach the objective. Guidelines get more liberty to member states. States can also consider their own intrastates laws. In EU are guidelines for example about wastes, weapons and about air protection.

So, the main differences are that the regulation has to observe in all member states with immediate force without expection and the guideline lead some or all member states to definite objective, states have provided the final date.

The second question is: What consequences can be, when we choose regulation or guideline? Are quidelines better than regulations?

On the one hand, I think, when the EU give some member states regulation, it can lead to fear, that we do not observe this regulation. Also, some member states sometimes do not understand regulations and do not know how to claused it.

On the other hand, guidelines are not sometimes observed or are marginalization, because guidelines are not so strict.

To sum up, I still think, that guidelines are better, because member states can choose their own way, how to reach the objective and they have for example one year to reach it. And the EU should help member states and it should not be so strict.

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