EU laws

Everything the EU does must be based on the treaties, inter-governmental agreements between the Member States. The treaties lay down the principles for EU cooperation, how the EU institutions work, what the EU is allowed to make decisions on, and how the laws are passed. The most important treaties are:

• The EC Treaty is the basis for the majority of the EU's cooperation. It contains rules on, for example, free movement between the Member States, the single currency, the customs union, agricultural policy, transport, environment, employment and social policy, public health and aid policy. The EC Treaty is often referred to as the Treaty of Rome.
  
  
• The EU Treaty contains, among other things, rules for the Common Foreign and Security Policy, police cooperation, and judicial cooperation in criminal matters. The European Union was formed through the EU Treaty. The EU Treaty is often referred to as the Maastricht Treaty.
  There are a number of additional treaties that have come into being as EU cooperation has developed and new countries have joined the EU. Examples are the Treaty of Amsterdam, the Treaty of Nice and the EU countries’ accession agreements.

Laws based on the EC Treaty

The national parliaments of the EU countries have given the power of decision to the EU within most of the areas that come under the EC Treaty. The EU can therefore legislate in the place of the national parliaments within these areas. This happens by means of three types of law:

• Regulations apply immediately and equally in all Member States as part of the countries’ own legislation. The Member States do not need to do anything for the regulation to start applying once it has been adopted. At the same time, the country is forbidden from doing anything that goes against the regulation. An example of a regulation is the EU’s rules on the rights of employees when working in another Member State.
  
  
• Directives lay down guidelines for how the Member States are to implement a measure, but it allows them to decide themselves exactly how they go about it. The countries instead adopt their own laws to fulfil the requirements of the directive. The Driving Licence Directive is one example of a directive adopted by the EU.
  
  
• Decisions apply immediately for those for whom they are intended. They are often used for administrative measures or to clarify laws already in force. Decisions within EU competition legislation are one example of this.

Laws based on the EU Treaty

Within the EU Common Foreign and Security Policy, laws are not usually passed. The EU countries have not transferred the power of decision to the EU. Cooperation is intergovernmental and aims to coordinate the EU countries’ actions within foreign policy. This happens by means of three types of measure:

• Common positions give the EU's opinion on a particular issue. They are used so that the EU countries all express the same view in contexts such as the United Nations.
  
  
• Common measures are used when the EU takes action within foreign or security policy areas. One example is the EU's action against pirates off the coast of Somalia.
  
  
• Decisions are used to implement previously agreed common measures or positions.

Cooperation between the EU countries on policing issues, criminal law and combating crime is on an intergovernmental level. The EU countries have not transferred the power of decision to the EU. Cooperation can take the form of three types of measure:

• Framework decisions coordinate the Member States’ criminal law, for example to decide on common sentences for certain serious crimes. Framework decisions are like EU directives, in that they set a goal for what the countries have to achieve, but leave it up to them to draw up the precise legislation.
  
  
• Decisions are used for cooperation when it is not a question of aligning the Member States’ legislation.
  
  
• Common positions give the EU's opinion on a particular issue.