Charles Explorer logo
🇬🇧

Replacing Directives with Regulations in European Union Law

Publication at Faculty of Law |
2022

Abstract

A process of replacing directives with regulations in the European Union can be observed since 2000. One of the reasons for such change is the problem of incorrect or delayed transposition of directives.

The form of regulation is advantageous for entities engaged in international trade or working in other Member States, as it contains unified rules applicable across the EU. On the other hand, however, the more widespread adoption of regulations leads to a strengthening of the European Union in the area of law-making at the expense of national parliaments and contributes to the federalisation of the EU.

This paper focuses on two questions: 1) whether regulation as a form is preferable to directives in particular cases, and 2) whether the replacement of directives with regulations is in conformity with the Treaties and legitimate.