Page 200 - Секретаријат за законодавство

On the other hand, Articles 290 and 291 TFEU provide for that legis-
lative acts may confer to the Commission the right to adopt non-legis-
lative acts - delegated and implementing acts.

In the Article 288 TFEU the secondary sources of the EU law that will be
adopted by the EU institutions are listed. Those are regulations, directives,
decisions, recommendations and opinions. The choice of the EU second-
ary legal instrument for the regulation of speciÞc issue is determined by
reference to a provision of the Founding Treaties which constitutes its le-
gal basis. If there is no indication as to what kind of EU legal act should be
adopted, or a particular provision of the Treaty leaves the choice open, the
competent EU institution chooses the most appropriate legal instrument
in order to achieve the objective prescribed by the provision in question
(subject to the judicial review of the European Court of Justice).

Regulation

“A regulation shall have general application. It shall be binding in its en-
tirety and directly applicable in all Member States.” (Article 288 TFEU)
- It is addressed to the Member States and individuals;
- It is an essential uniÞcation instrument;

If a matter is addressed in a regulation, essentially the competence of
Member States to adopt laws with regard to this matter is ceased:

“The direct application of a Regulation means that its entry into force
and its application in favour of or against those subject to it are inde-
pendent of any measure of reception into national law. By virtue of the
obligations arising from the Treaty and assumed on ratiÞcation, Member
States are under a duty not to obstruct the direct applicability inherent in
Regulations and other rules of Community law. Strict compliance with
this obligation is an indispensable condition of simultaneous and uniform
application of Community Regulations throughout the Community”.
12
A regulation takes effect in Member States upon its publication in the
OfÞcial Journal of the European Union. Therefore its binding force
cannot be subject to its publication in national ofÞcial journals.

12 Fratelli Variola Spa przeciwko Amministrazione delle Þnanze dello Stato (case
34/73) [1973] ECR 981.

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