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Soft law (EU)
Practical Law UK Glossary w-018-9616 (Approx. 2 pages)
Glossary
Soft law (EU)
An instrument or measure that, while not strictly legally binding, has some normative or coercive effects.
EU soft law measures include quasi-legal instruments such as opinions, recommendations, communications, non-legislative resolutions, notices, guidance documents or statements of administrative priorities.
Soft law measures are frequently used by EU institutions, particularly the European Commission, often in conjunction with legally binding measures (such as regulations, directives and decisions), to achieve a policy objective. They can, for example, be used:
- To interpret or give guidance on EU law or indicate how the European Commission intends to use its powers and perform its tasks within its areas of competence.
- Where member states cannot agree on a legally binding measure or where the EU lacks competence to adopt legally binding measures. This allows the EU to adopt policies that member states can choose to implement or not.
The principles of legal certainty and legitimate expectation may mean that an EU institution is bound to follow and apply its own guidance.
For more information, see Practice note, EU law essentials: Soft law measures.