NEW REGIME FOR COMMUNITY ACTS
The transformation of the Secretariat into a Commission is being accompanied by a fundamental measure: the adoption of a new legal regime for Community Acts. Until now obligations of Member States were captured principally in Protocols and Conventions which are subject to lengthy Parliamentary ratification processes.
These processes delayed the entry into force of the legal texts thereby paralyzing the integration process. Decisions of the Authority were however immediately applicable and binding on Member States, whilst those emanating from the Council of Ministers were only applicable and binding on the Community Institutions.
Under the new legal regime, the principle of supranational becomes more pre-eminent and there is now a de-emphasis on the adoption of Conventions and Protocols. Community Acts will be Supplementary Acts, Regulations, Directives, Decisions, Recommendations and Opinion. Thus, the Authority passes Supplementary Acts to complete the Treaty.
Supplementary Acts are binding on Member States and the institutions of the Community. The Council of Ministers enacts Regulations and Directives and makes Decisions and Recommendations. Regulations have general application and all their provisions are enforceable and directly applicable in Member States.
They are enforceable in the institutions of the Community. Decisions are enforceable in Member States and all designated therein. Directives and their objectives are binding on all Member States. The modalities for attaining such objectives are left to the discretion of States.
The Commission adopts Rules for the implementation of Acts enacted by the Council. These Rules have the same legal force as Acts enacted by the Council. The Commission makes recommendations and gives advice. Recommendations and advice are not enforceable.