European Union law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...

, a decision is a legal instrument which is binding upon those individuals to which it is addressed.Per Article 288 of the

Treaty on the Functioning of the European Union The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establish ...

(formerly Article 249 TEC). They are one of three kinds of legal instruments which may be effected under EU law which can have legally binding effects on individuals. Decisions may be addressed to member states or individuals. The

Council of the European Union The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and less formally known as the Council of Ministers, is the third of the seven institutions of the European Union (EU) a ...

can delegate power to make decisions to the

European Commission The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informall ...

. The legislative procedure for the adoption of a decision varies depending on its subject matter. The

ordinary legislative procedure The European Union adopts legislation through a variety of procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and approved by ...

(formerly known as the Codecision procedure) requires the agreement of and allows amendments by both the

European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...

and the

. The Assent procedure requires the agreement of both Parliament and Council, but the Parliament can only agree or disagree to the text as a whole - it cannot propose amendments. The

Consultation procedure The European Union adopts legislation through a variety of procedures. The procedure used for a given legislative proposal depends on the policy area in question. Most legislation needs to be proposed by the European Commission and approved by ...

requires the agreement of the Council alone, the Parliament merely being consulted on the text. In some areas, such as competition policy, the Commission may itself issue decisions. Common uses of decisions involve the Commission ruling on proposed mergers, and day-to-day agricultural matters (e.g. setting standard prices for vegetables). On the basis of case law, decisions may have

direct effect In the law of the European Union, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which not only the courts but also the public administration (on national, regional or local level) of m ...

, that is to say they may be invoked by individuals before national courts. The individuals or "undertakings" addressed by the decision will have ''" locus standi"'' to challenge the decision, but they must do so within 6 weeks.

References

European Union constitutional law {{constitutional-law-stub