Framework decision

This type of legally binding act is no longer used since the Treaty of Lisbon came into force December 2009. A framework decision established objectives the member states had to fulfil. The member states were free to choose the manner to which they would implement the required objectives. The framework decision was exclusively used in the field of justice and home affairs.

The framework decision was replaced by the directive1 or, in rare cases, the decision2 in the Lisbon Treaty.

Contents

  1. Framework decision in detail
  2. Legal framework
  3. Further information

1.

Framework decision in detail

Area of application

Framework decision were not directly applicable. They first had to be transposed into national legislation. The member states were free to choose the 'form and method' to achieve the objectives set out in the framework decision. The aim of framework decision was to facilitate cooperation between the member states in the field of justice and home affairs by means of a certain degree of harmonisation of national legislation.

Member states or the European Commission were eligible to appeal against framework decisions at the European Court of Justice.

Adopting framework decisions

Framework decisions were decided upon by the Council of Ministers.

2.

Legal framework

The framework decision is obsolete since December first 2009.

3.

Further information

  • 1. 
    This legally binding act of the European Union establishes a set of objectives which all member states of the European Union must fulfil. The member states are required to implement directives. The member states are free to choose the manner they see fit to fulfil the required objectives.
     
  • 2. 
    A decision is legally binding act in its entirety. Unless explicitly stated otherwise, a decision is binding for the EU as a whole. Decisions can address specific legal entities, in which case a decision is binding only to them. In its current form the decision was introduced with the Lisbon Treaty that came into force December 2009. It replaces various legal instruments introduced by earlier Treaties.
     
  • 3. 
    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.