Recommendation (European Union)
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A recommendation in the
European Union The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are located primarily in Europe, Europe. The union has a total area of ...
, according to Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC), is one of two kinds of non- legal binding acts cited in the
Treaty of Rome The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was sig ...
. Recommendations are without
legal force The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
but are negotiated and voted on according to the appropriate procedure. Recommendations differ from
regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
, directives and decisions, in that they are not binding for Member States. Though without legal force, they do have a political weight. The recommendation is an instrument of indirect action aiming at preparation of legislation in Member States, differing from the Directive only by the absence of obligatory power. Article 292 notes that the
European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
may make recommendations, and in specific cases the
European Central Bank The European Central Bank (ECB) is the prime component of the monetary Eurosystem and the European System of Central Banks (ESCB) as well as one of seven institutions of the European Union. It is one of the world's most important centra ...
may also make recommendations.Consolidated version of the Treaty on the Functioning of the European Union: Article 292
accessed 12 October 2022


Common market

According to the terms of the
Treaty on European Union The Treaty on European Union (2007) is one of the primary Treaties of the European Union, alongside the Treaty on the Functioning of the European Union (TFEU). The TEU form the basis of EU law, by setting out general principles of the EU's ...
"In order to ensure the proper functioning and development of the common market, the Commission (…) formulate recommendations or deliver
opinions An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements. Definition A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with ...
on matters dealt with in this Treaty, if it expressively so provides or if the Commission considers it necessary." Concretely, recommendations can be used by the commission to raze barriers of
competition Competition is a rivalry where two or more parties strive for a common goal which cannot be shared: where one's gain is the other's loss (an example of which is a zero-sum game). Competition can arise between entities such as organisms, ind ...
caused by the establishment or the modification of internal norms of a
Member State A member state is a state that is a member of an international organization or of a federation or confederation. Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign state ...
. If a country does not conform to a recommendation, the Commission cannot propose the adoption of a Directive aimed at other Member Countries, in order to elide this distortion.


See also

*
EUR-Lex Eur-Lex (stylized EUR-Lex) is an official website of European Union law and other public documents of the European Union (EU), published in 24 official languages of the EU. The Official Journal (OJ) of the European Union is also published on EU ...


References


External links


EUROPA
* Recommendation {{EU-stub