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Summaries of EU Legislation

European Union opinions

 

SUMMARY OF:

Article 288 of the Treaty on the Functioning of the European Union (TFEU)

WHAT IS THE AIM OF ARTICLE 288 OF THE TFEU?

Article 288 of the TFEU lists the five different types of legal act that European Union (EU) institutions can adopt.

KEY POINTS

An opinion is one of the five types of legal act that EU institutions can adopt listed in Article 288 TFEU. The four other types of legal act mentioned in the article are regulations, directives, decisions and recommendations.

The first three are binding, whereas recommendations and opinions are non-binding.

The following are examples of instances where EU institutions issue opinions.

  • The European Commission issues opinions in the situations described below.
    • Where a country submits an application to join the EU, under Article 49 of the Treaty on European Union, the Council of the European Union must request the Commission’s opinion on that country’s proposed accession. An example of such an opinion relates to Croatia’s application to become an EU Member State.
    • Where Member States seek the Commission’s views on the application of specific aspects of legal acts they adopt or seek guidance on their implementation. For example, in 2014, the Netherlands authorities notified the Commission of a draft decree amending the Medical Devices Decree, under Article 14b of Directive 93/42/EEC (the former medical devices directive, subsequently replaced by Regulation (EU) 2017/745). They were seeking to ban the use of permanent dermal fillers because they considered that the risks of severe disfigurement that could arise from their use were not outweighed by their solely aesthetic benefits. Following consultations with experts and other Member States, the Commission issued its opinion stating it supported the Netherlands authorities’ intention to ban the fillers in question.
  • The Council issues opinions on Member States’ economic partnership programmes in the context of Regulation (EU) No 473/2013 on common rules for monitoring and assessing draft budgetary plans and ensuring the correction of euro area Member States’ excessive deficits (see summary). An example would be the Council’s 2013 opinion on the Economic Partnership Programme of the Netherlands.

BACKGROUND

For further information, see:

MAIN DOCUMENT

Consolidated version of the Treaty on the Functioning of the European Union — Part Six — Institutional and financial provisions — Title I — Institutional provisions — Chapter 2 — Legal acts of the Union, adoption procedures and other provisions — Section 1 — The legal acts of the Union — Article 288 (ex Article 249 TEC) (OJ C 202, 7.6.2016, pp. 171–72).

RELATED DOCUMENTS

Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, pp. 1–175).

Successive amendments to Regulation (EU) 2017/745 have been incorporated in the original text. This consolidated version is of documentary value only.

Consolidated version of the Treaty on European Union — Title VI — Final provisions — Article 49 (ex Article 49 TEU) (OJ C 202, 7.6.2016, p. 43).

Commission Opinion of 22 July 2015 on the measure adopted by the Netherlands prohibiting the use of permanent dermal fillers for aesthetic purposes (OJ C 241, 23.7.2015, pp. 1–2).

Council opinion of 10 December 2013 on the Economic Partnership Programme of the Netherlands (OJ C 371, 18.12.2013, pp. 4–5).

Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (OJ L 140, 27.5.2013, pp. 11–23).

Communication from the Commission to the European Parliament and the Council — Commission Opinion on Montenegro’s application for membership of the European Union (COM(2010) 670 final, 9.11.2010).

Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, pp. 1–22).

European Parliament legislative resolution on the proposal for a Council regulation on the control of concentrations between undertakings: The EC Merger Regulation (OJ C 81E , 31.3.2004, pp. 94–104).

Judgment of the Court of 29 October 1980: SA Roquette Frères v Council of the European Communities — Isoglucose — Production quotas — Case 138/79.

last update 11.10.2021

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