Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-09-03-Speech-1-117"
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"en.20070903.17.1-117"2
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"Madam President
is a Latin maxim that most lawyers are probably very familiar with. It translates as hard law but law nonetheless. Today we are focusing on soft law, which identifies a particular approach, but is not a legally binding act. It is an expression of political declarations, resolutions, Council declarations, Presidency conclusions, but such provisions are not binding. Soft law may also be applied by the European Court for the interpretation of provisions, however. It is therefore a type of law, although the Court states that it is not intended to have a legally binding effect even in relation to the persons to whom it is applied. In practice, however, the national courts are required to take account of recommendations when resolving disputes. The former assist in interpretation of national law adopted, guaranteeing its implementation and supplementing binding Community provisions.
The rapporteur has provided a very critical analysis of non-binding legal provisions. In particular, their implementation by the Commission is deemed inappropriate. The rapporteur emphasises that in a situation in which the Community has legislative authority it would be appropriate for a body such as Council or the Parliament to adopt an act, taking account of the principles of subsidiarity and proportionality. I agree with the rapporteur that the only way to guarantee the possibility of applying and implementing the law is by adopting provisions in the framework of institutional procedures laid down in the Treaty."@en1
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