Recommendation

Recommendations are non-binding acts by which the European Union means to achieve certain ends without imposing a mandatory legal framework. Recommendations may relate to both policies of the EU as well as individual member states.

Area of application

Even though a recommendation does not constitute a binding act whomever is subject of a recommendation is expected to oblige the suggestions made. The authority of the EU and the political significance of recommendations should ensure a voluntary follow-up to its recommendations.

Recommendation have power in the sense that they often create precedents and set certain standards. As such it serves as a indication to future, formally binding legislation. Also, by setting voluntary goals for the EU or its member states certain expectations are raised.

Recommendations often deal with specific details of a certain subject. In policy areas the EU has fewer competences recommendations tend to be general in nature.

Recommendations are more demanding then advices¹. Recommendations should not be confused with guidelines², which are used for establishing a non-binding general framework in certain policy areas. In employment policies recommendations are made within the framework laid down by guidelines.

Recommendations may be used in any policy area. In pratice, they are not used in matters concerning the common foreign and security policy.

Adopting recommendations

Recommendations are adopted by any of the decision-making procedures of the European Union³.

Exception: recommendations by the Commission

The European Commission may adopt recommendations calling on the Council of Ministers to make a decision on highly technical or practical affairs or to authorise the Commission to conduct negotiations on international agreements.

The recommendation is based on the Treaty on the functioning of the European Union (TfEU).

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  instrument: part six TfEU title I chapter 2 section 1 art. 288
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  authorisation for international agreements: part five TfEU title II art. 207, part five TfEU title V art. 218

• 1. 

  Opinions are non-binding acts by which the European Union conveys an evaluation along with possible actions that can be taken with regard to a certain issue without imposing a mandatory legal framework. Opinions are usually given out to member states or when addressing a very specific situation.
   
• 2. 

  Guidelines are non-binding acts that set out a framework for future acts in a policy area. These frameworks tend to be broad in scope and stated in general terms, and the 'future acts' often take the form of legally binding instruments. The EU issues guidelines in a limited number of policy areas.
   
• 3. 

  Decision making in the European Union takes places by means of various legislative procedures. The ordinary legislative procedure is the default procedure. When the Treaties indicate otherwise one of the special legislative procedures is used. Secondary legislation is decided upon by means of a seperate set of special procedures.
   
• 4. 

  The European Union has a number of legal instruments to its disposal. These are used to make or coordinate policies, to take measures and initiate programme's, to facilitate the implementation of policies and to issue advice to member states. Legal instruments are divided into two categories, binding and non-binding instruments. Legal instruments specifically in place for implementing EU acts are binding, but have been put in a final, third section.