Rules and the European Union
Using rules for the purposes of domestic government gives rise to a host of difficult issues, as has been seen in previous chapters. A further set of questions is posed by governing at the European level. There is an array of rule-types that can be employed in pursuit of Union1 objectives and choosing between different kinds of rule requires that a number of judgements be made by European rule-makers and domestic officials. Such choices, in turn, give rise to questions of legitimacy.
This chapter looks at the variety of Community rules and their legal effects. It considers issues of rule selection and enforcement in the Community and assesses the legitimacy of Community rules when judged according to the bench-marks discussed in Chapter 3.
As with domestic governmental rules, it is possible to divide Community rules into those of primary, secondary, and tertiary type and attention here will again focus on secondary and tertiary rules.2____________________