How to Write a Legal Act

How to Write a Legal Act

Introduction

In Euroforum 2012, unlike resolutions written in MUN conferences, delegates are expected to write legal acts. Delegates can adopt one of the five legal acts of the European Union, namely: regulation, directive, decision, recommendation, and opinion. According to Article 288 of the Treaty on the Functioning of the EU (TFEU), regulations, directives and decisions are binding acts. However, recommendations and opinions are not legally binding upon those to whom they are addressed. When writing legal acts, it is important to keep in mind the specific capabilities of the organ being simulated. The delegates will decide on which legal act they will adopt with respect to the prerogatives of the TFEU. The legal act is not inflexible; rather, it can and even should be amended throughout debate adding or striking clauses, inserting examples, and removing objectionable points.

General Rules

Legal acts, like any good writing, must possess both content and form. The organ, subject and the type of the legal act should be written on top. The rest consists of two sections:
Preambulatory clauses and Operative clauses. Clarity and preciseness are vital, and special attention should be paid to details such as punctuation, capitalization, grammar and format.

Follow the proceeding guidelines when writing resolutions:

Preambulatory clauses

The preambulatory part outlines the legal basis of the act, recalls past actions taken, explains the purpose of the legal act and offers support for the operative clauses that follow. Preambulatory clauses are the justifications for actions. In the legal acts of the EU, preambulatory clauses are divided into two. The first part lists past EU action and the clauses in this part should end with a comma. They are begun with a preambulatory phrase, usually with present participles such as “having regard to” or “acting in accordance with”. In the second part that starts with “Whereas:” full sentences are used to justify the reasons of the adoption of the legal act. Preambulatory part 1 is not numbered whereas the clauses in Preambulatory part 2 are numbered.

Operative Clauses

The operative clauses follow the preambulatory clauses and are the policy portion of thelegal act. Operative clauses need to specify when the act shall enter into force and to what extent it will be applicable in the Member States (for the binding acts). Operative clauses are numbered and state the action to be taken by the body. Operative clauses can, and are encouraged to, be grouped in articles. Additionally, each operative clause is a full sentence, in contrast with the MUN format.

Important:

1-Place at the heading of each document the type of the legal act, name of the organ, and the topic.

2-Don’t forget to include the date that the legal act enters into force.

3-Skip a line after each clause.

4-Sub-clauses should be indented, and lettered (a),(b).

5-Acronymes and abbreviations are not allowed, they need to be written out. For example:
instead of NGOs, Non-Governental Organizations.

Examples of some legal acts of the European Union:

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of […]
on […]

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article […] thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee ( 2),

Having regard to the opinion of the Committee of the Regions ( 3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty ( 4),

Whereas:

(1) [Initial capital …].

(2) [Initial capital …],

HAVE ADOPTED THIS REGULATION:

Article I

[…]

Article […]

This Regulation shall enter into force on the […] day following that of its publication in
the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, […]

For the European Parliament
The President
[…]

For the Council
The President
[…]

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of […]
on […]

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article […] thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee ( 2),

Having regard to the opinion of the Committee of the Regions ( 3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty ( 4),

Whereas:

(1) [Initial capital …].

(2) [Initial capital …].

HAVE ADOPTED THIS DIRECTIVE:

Article 1

[…]

Article […]

Member States shall bring into force the laws, regulations and administrative
provisions necessary to comply with this Directive by […] at the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain a reference to this
Directive or be accompanied by such a reference on the occasion of their official
publication. Member States shall determine how such reference is to be made.

Article […]

This Directive shall enter into force on the […] day following that of its publication in
the Official Journal of the European Union.

Article […]

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament
The President
[…]

For the Council
The President
[…]

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of […]
on […]

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article […] thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee ( 2),

Having regard to the opinion of the Committee of the Regions ( 3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty ( 4),

Whereas:

(1) [Initial capital …].

(2) [Initial capital …],

HAVE ADOPTED THIS DECISION:

Article 1

[…]

Article […]

This Decision shall enter into force on the […] day following that of its publication in
the Official Journal of the European Union.

Article […]

This Decision is addressed to the Member States.

Done at Brussels, […]

For the European Parliament
The President
[…]

For the Council
The President
[…]