Recommendation (European Union)

Recommendations, acts of the European Union and as such part of the Union secondary legislation. Recommendations but sometimes usually issued by the European Commission and the Council of the European Union or other organs. They are defined in Article 288 TFEU as a non-legally binding instruments, although some legal consequences attaching to its issue. Thus, acts which shall be adopted pursuant to the Treaties "on recommendation " of an institution, shall not be issued if such a recommendation is not present.

In addition to the recommendations, Article 288 TFEU also opinions as a legally non-binding instruments before. Furthermore, the institutions of the European Union take - some even without explicit legal basis - other non-legal acts on, such as resolutions, declarations or conclusions.

Harmonization of legislation

To achieve the objectives of the Union, the Commission or the Council recommendations on the harmonization of legislation may be adopted, for example, in the following areas: liberalization of services (Article 60 TFEU), employment policy (Article 148 TFEU), educational and cultural policy (Art. 165 to Article 167 TFEU) and health policy (Art. 168 TFEU). The Commission may also make recommendations that serve to eliminate distortions of competition in the internal market (Art. 117 TFEU). If recommendations adopted by the Council, shall apply, in accordance with Article 292 TFEU for the adoption of the recommendation, the same majority requirements for the adoption of legally binding.

Member States, it is free to decide whether they implement the recommendations. Put it to a recommendation, this is part of the legal order of the Member State and which are resulting from their rights only in the courts of the Member State enforceable, but not before the Court. However, the Court decides on preliminary rulings by national courts on the interpretation of recommendations, as well as a uniform interpretation of the recommendations in the interest of the European Union (or the European Communities) is. The prerequisite is that the recommendation in the process is to be applied before the respective court. It makes no difference that recommendations have legal liability not force European law, but by virtue of the laws of the Member States.

Economic and Monetary Union

According to Article 120 TFEU " shall consider their economic policies as a matter of common interest " To this end, the Council shall -. Following the European Council adopted a conclusion - in a Recommendation, the broad economic policies of the Member States (Art. 121. . para 2 TFEU) Paragraphs 2 and 3 of that Article will see a multinational surveillance before: the Commission examine the Commission and Council that the Member States comply with the recommendations if a Member State fails to meet the recommendations, can only warn and the Council the Member State may impose specific recommendations and to release it. however to comply with EU regulations, a Member State can not be compelled in the end.

A similar process before, Article 126 of the Treaty within the framework of the Stability and Growth Pact: Again, the Council shall, after he has determined the existence of an excessive deficit in the Member State concerned appropriate recommendations. If the Member State does not comply with the recommendations, however, the Council may, pursuant to Article 126, paragraph 9 TFEU take binding decisions and compel the Member State for deficit reduction. He may impose under Article 126 paragraph 11 TFEU, among others, then fines for non-compliance of the decision taken.