Regulation
A regulation is a rule created by an administrative agency or body that
interprets the statute(s) setting out the agency's purpose and powers.
In particular, in the European Union, a regulation is directly enforced as
law in all EU member states. In most cases, the EU issues Directives which
then have to be incorporated into national law in the member states.
Directives thus may lead to slightly different laws, whereas Regulations do not.
Concerning EC Law, Regulation has a general aim, and is obligatory in all
its elements and directly applicable in all Member States of the European
Union. For this reason it constitutes the most effective act amongst
Community acts. "The regulation [...] is the veritable European Power. By
its establishment, the Community acquires the right to legislate directly
for the well-being of the Member States' population, without needing the
mediation of national institutions. In the domains were regulatory power is
foreseen, there is a real delegation of national sovereignty from Member
State to the EC.
"If the treaty establishing the European Community does not make any
distinction among Regulations, the Court of Justice has established a
differentiation between what it calls 'Basic Regulations' and 'Execution
Regulations'. 'Basic Regulations' establish essential rules governing a
certain matter, and are normally adopted by the Council. Execution
Regulations technically organise these principles; they are usually taken by
the Commission or the Council acting on the basis of article 211."
Because regulations are directly effective, the individual countries do not
need to pass local laws to bring them into effect, and indeed any local laws
contrary to the regulation are overruled (as EC Law is supreme over the laws
of the Member States).
Examples of matters introduced by regulation were the new '.eu' domain name,
and the new European level 'Community Design Right' an example of
intellectual property right.
Regulation can also mean the control of something by rules, as opposed to
its prohibition. Regulation represents a compromise between prohibition and
no control at all. For example, the sale and consumption of alcohol and
prescription drugs are controlled by regulation in most countries.
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