Decisions

Decisions are a form of legal measure enacted by the EU institutions, for use in areas such as competition or state aids. Article 288 TFEU states: ‘ A decision shall be binding in its entirety. A decision which specifies those to whom it is addressed shall be binding only on them.’ A decision is therefore an individual measure directed towards a specific addressee (or more than one, who may be persons, enterprises or Member States), in contrast to the more general regulation. Decisions are notified to those addressed and take effect upon notification.

Examples in the area of employment and industrial relations are Decision 98/500/EC on the establishment of Sectoral Dialogue Committees promoting the Dialogue between the Social Partners at European Level and Decision 2000/228/EC on Guidelines for Member States Employment Policies for the year 2000.

The European Court has held that decisions are directly effective, requiring no implementation into national law by Member States. Article 263 TFEU provides for judicial review of decisions before the European Court: ‘Any natural or legal person may… institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former.’

See also: direct effect; enforcement of EU law; EU law.