Junior minister on how much national legislation is derived from EU law

European Union – Amount of legislation of European origin – Reply by the Office of the Minister of State for European Affairs, attached to the Minister for Europe and Foreign Affairs, to a written question in the National Assembly

Paris, 9 July 2019

Of the acts of EU secondary legislation provided for under Article 288 of the Treaty on the Functioning of the European Union, only directives should be transposed into national law. These bind member states as to the result to be achieved, while leaving national authorities to choose the appropriate methods to ensure their transposition, in an agreed period of time. On the other hand, a number of European acts have direct effect, such as European regulations, which have general application and are binding in their entirety, along with decisions. Recommendations and opinions are not binding. Generally speaking, the idea of subordination to the European Union must be ruled out in view of the French Republic’s choice, endorsed by Article 88-1 of the [French] Constitution, to participate in a European Union constituted by states which have freely chosen to exercise some of their powers in common, by virtue of the European treaties. Even more specifically, the choice was made in France, on the basis of the Constitution of 27 October 1946, then that of 4 October 1958, to incorporate international treaties directly into our national legal order. This situation explains why it is difficult to gauge the extent to which EU law has become part of our body of national law. At any rate, pursuant to Article 88-4 of the Constitution, the government shall lay before the two chambers draft proposals for legislation of the European Union which may result in parliamentary resolutions./.

Published on 09/01/2020

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