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Implementing powers and implementation of EU law

EU law prevails over national law. This means that once the EU has passed a new law which is not directly applicable, member states have to adopt it as part of their own legislation to make it legally binding.

Most EU legislation is also administered and executed by the Member States. This is commonly called "implementation of EU law".

The EU Commission is also asked to implement EU laws. This is called "implementing powers" in the treaties. To assist the EU Commission, specific committees are often set up. In 2005 advisory procedures were established 30 cases, the management procedure in 61 and the regulatory procedure also in 97.

Notes

• The term 'implementation' is ambiguous because it not only covers the execution of legal acts (see executive acts) but also the delegation of more detailed decision-making to the Member States or to the EU Commission (see delegated acts).
• In 2002 the EU Commission sent 2,251 implementing documents for information to the EU Parliament.
• In 2005 the EU Commission made 2654 implementation measures.
• The implementing powers of the EU Commission are mentioned in Art. 202 and Art. 211 TEC.
• The implementation of EU law by the Member States is laid down in the articles 10 and 249 TEC.

Links

See also Comitology and directives.