Community Legislation

Community Legislation

Community legislation in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of Community legislation.

Resources

See Also

  • Law Enforcement Officer
  • Police Officer
  • Law Enforcement Agency

Further Reading

Meaning of Community Legislation

In the context of Europe, and according to A Dictionary of Law, the following is a definition of Community Legislation : Laws made by the *Council of the European Union or the *European Commission. Each body has legislative powers, but most legislation is made by the Council, based on proposals by the Commission, and usually after consultation with the *European Parliament. The role of the Parliament in the legislative process was strengthened under the Single European Act 1986 and the Maastricht Treaty. Community legislation is in the form of regulations, directives, and decisions.

Regulations are of general application, binding in their entirety, and directly applicable in all member states without the need for individual member states to enact these domestically (See community law).

Directives are addressed to one or more member states and require them to achieve (by amending national law if necessary) specified results. They are not directly applicable – they do not create enforceable Community rights in member states until the state has legislated in accordance with the directive: the domestic statute then creates the rights for the citizens of that country. A directive cannot therefore impose legal obligations on individuals or private bodies, but by its direct effect it confers rights on individuals against the state and state bodies, even before it has been implemented by changes to national law, by decisions of the European court.

Decisions may be addressed either to states or to persons and are binding on them in their entirety. Both the Council and the Commission may also make recommendations, give opinions, and issue *notices, but these are not legally binding.


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