Difference Between Directive, Regulation, and Proclamation
Directive vs Regulation vs Proclamation
“Directive” and “regulations” are terms used in reference to the E.U. or European Union. “Proclamation” is a term used in England and Wales.
“Regulation” is a term used for the European Union which refers to the legislative act of the E.U. Regulations immediately become laws in all member states at the same time or simultaneously. They are addressed to all members and are always applied in full. Regulations are directly applicable in all member states without the need for legislation in the nation.
The legal effect of regulation is that they do not need to be made into national laws through implementing measures. When regulations are drafted and formulated, a great deal of care is taken because they are one of the most important and powerful forms of E.U. laws.
A regulation can override any and all national laws which deal with a certain subject matter. In the case of a regulation, the national legislation is made consistent with the regulation. They cannot be prohibited by any member state.
Directives are also legislative acts of the E.U. Directives are not self-executing. The member states are left with leeway to decide which rules are to be adopted. Directives are usually adopted through a number of legislative procedures depending upon the different subject matters.
Directives, unlike regulations, need to be transposed into national laws before adoption in principle. They are addressed to all state members but are objectives which need to be achieved by the members by a given date.
Directives are usually addressed to all member states except for Common Agricultural Policy. They can be addressed to all members or just a group of them or just one state member.
“Proclamation” is a term used by England and Wales and is a formal announcement made by the crown. It is referred to as a “Royal proclamation.” In English law, when the Queen in Council or King in Council desire to make something known to their subjects, they make a proclamation. Some examples of proclamation are: state of emergency, declaration of war, etc.
Proclamations do not dictate a subject liable to law. They do not prohibit the subject unless it is an offense at law. It cannot add penalties to any offense, etc.
For a newly conquered country, the Crown has the power to legislate by proclamation.
1.Regulations and directives are followed by the European Union; proclamations are followed by England and Wales.
2.Regulations are addressed to all state members; directives may be addressed to one or all or a group of state members.
3.Regulations are self-executing which means they do not need to be made into national laws through implementing measures; directives are not self-executing; meaning they need to be transposed into national laws before adopting in principle. Proclamations are not self-executing either. Proclamations do not dictate a subject liable to law. They do not prohibit the subject unless it is an offense at law. They cannot add penalties to any offense, etc.
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