[ Pobierz całość w formacie PDF ]

Note that the accession of Romania and Bulgaria is considered to have
completed the fifth enlargement, rather than constituting a sixth enlargement.
15.17 Treaties versus Acts of Accession. Take care to distinguish between Treaty of
Accession and Act of Accession. Treaties of accession set out principles and
regulate ratification, while acts of accession contain the technical details of
transitional arrangements and secondary legislation (droit dérivé) requiring
amendment.
54/88 28 June 2013
 English Style Guide
TREATY CITATIONS
15.18 Citation forms. Always use a treaty s full title in legislation:
& the procedure laid down in Article 269 of the Treaty establishing the
European Community & (Article 2(2) of Council Decision 2000/597/EC,
Euratom)
However, the Treaty of Amsterdam and the Treaty of Nice may be cited as
such:
& five years after the entry into force of the Treaty of Amsterdam &
On the other hand, it is common usage in legal writing (e.g. commentaries,
grounds of judgments) to cite the Treaties using a shortened form or
abbreviation:
The wording of Article 17 Euratom reflects &
Under the terms of Article 97 TFEU the Commission can &
The arrangements for a rapid decision under Article 30(2) TEU allow &
This form can be used practically anywhere (except, of course, in legislation),
especially if the full title is given when it first occurs.
15.19 Citing subdivisions of articles. Paragraphs and subparagraphs that are officially
designated by numbers or letters should be cited in the following form (note:
no spaces):
Article 107(3)(d) of the Treaty on the Functioning of the European Union &
Subdivisions of an article that are not identified by a number or letter should be
cited in the form nth (sub)paragraph of Article XX or, less formally, Article
XX, nth (sub)paragraph.
The first paragraph of Article 110 of the Treaty on the Functioning of the
European Union &
Article 191(2) TFEU, second subparagraph &
Note that a reference such as Article 198a is not to a subdivision but to an
article subsequently inserted after Article 198. Here, the letter is always in
lower case and closed up to the number.
16 SECONDARY LEGISLATION
16.1 The various legal acts adopted under the Treaties form the European Union s
 secondary legislation . As specified in Article 288 of the Treaty on the
Functioning of the European Union, they comprise chiefly:
Regulations
Directives
Decisions
28 June 2013 55/88
English Style Guide
Regulations and decisions are directly applicable and binding in all EU
Member States. Directives on the other hand are binding but not directly
applicable: they set out the objectives to be achieved and require the Member
States to incorporate them into their national legislation. This incorporation is
termed transposition. Consequently, only directives are transposed into
national legislation, but all three types of legal act are implemented or applied,
i.e. given practical effect.
Where such acts are adopted following a legislative procedure, they are termed
 legislative acts .  Non-legislative acts are accordingly those where no
legislative procedure is required, for example where power is delegated to the
Commission to adopt acts or where the Commission adopts an act to
implement a legislative act. In the latter cases (since the Treaty of Lisbon), the
act has to include the adjectives delegated or implementing in its title.
Legal acts also include recommendations and opinions, but these are non-
binding.
To consult individual legal acts, see the EU s law website EUR-Lex.
16.2 For matters coming under what were the second and third pillars of the
European Union before amendment by the Treaty of Lisbon, the original
Treaty on European Union also introduced framework decisions, joint actions
and common positions. Following the Lisbon Treaty, however, they are
obsolete.
LEGISLATIVE PROCEDURES
16.3 Legislative procedures have been overhauled by the Treaty of Lisbon: there is
now an ordinary legislative procedure and special legislative procedures.
16.4 Ordinary legislative procedure (Article 294 TFEU). Under this procedure,
originally introduced as the  codecision procedure by the Treaty on European
Union, Parliament jointly adopts legislation with the Council. It is described in
detail in Article 294 of the Treaty on the Functioning of the European Union
(TFEU) and is used for all EU legislation except in cases specifically defined
in the TFEU as coming under a  special legislative procedure .
16.5 Special legislative procedure (Article 289 TFEU). In cases specifically defined
in the Treaty on the Functioning of the European Union, the Council or another
institution may adopt legislation on its own. This may involve consulting the
European Parliament or obtaining its consent.
TITLES AND NUMBERING
16.6 Draft legislation. In relation to EU legislation, the word draft denotes that the
act in question has not yet been formally approved by the Commission. In the
simplest case, it is used to qualify Commission acts (e.g. a draft Commission
Regulation) before they are adopted by the Commission. For acts that are
56/88 28 June 2013
 English Style Guide
proposed by the Commission for adoption by other EU institutions, there is an
additional stage in the procedure: Commission departments prepare a draft
proposal (e.g. draft proposal for a Regulation of the Council and of the
European Parliament), which the Commission approves, whereupon the
designation draft is dropped and the proposal is sent to the Council and the
European Parliament for discussion and possible adoption.
Draft Commission legislation is accompanied by a Memorandum to the
Commission (FR: Communication à la Commission) while draft proposals for
non-Commission acts also include an Explanatory Memorandum (Exposé des
motifs), which is sent with the proposal to the legislator.
All unadopted acts have attached to them a financial statement (FR: fiche
financière) detailing the budget implications and an impact assessment (FR:
fiche d impact) setting out more general implications.
16.7 Numbering of acts. Legal acts are numbered by year and serial number. The
serial numbering restarts at the beginning of every year and is separate for each
type of act. Since 1999, the year has been written with four digits rather than
two. However, this is not retroactive: numbers before 1999 keep the two-digit
year.
The number of an act normally constitutes part of its title, but the form this
takes differs depending on the type of act. For acts where the serial number
comes before the year, the contraction No precedes the number. See the
following sections for more details.
16.8 Regulations. The number of a regulation is an integral part of its title and
follows the pattern [Institution] Regulation (EC) No ##/year. The citation form
is therefore as follows:
Council Regulation (EC) No 139/2004 on the control of concentrations between
undertakings
Until 1967, EEC and Euratom regulations were numbered separately, in
cumulative series from 1958 to 1962, and then annually. Since 1 January 1968
they have formed a single series, numbered annually: [ Pobierz całość w formacie PDF ]