PP982
Analítico de Periódico
MORI, Paola
La codificazione del diritto dell'Unione europea e i suoi strumenti / Paola Mori
Il Diritto dell'Unione Europea, n.1 (2019), p.109-139
DIREITO COMUNITÁRIO, LEGISLAÇÃO COMUNITÁRIA, CODIFICAÇÃO, TÉCNICA LEGISLATIVA, CARTA DOS DIREITOS FUNDAMENTAIS
The article addresses the codification within the European Union legal system, in the context of the objective of legislative simplification aimedat securinga clear, understandable, up-to-date and user-friendly body ofEU secondary law. The first part examines the procedures of official codification, consolidation and recasting of legislation. It highlights that, within the EU legal system, these procedures are limited to the codification of a specific issue contained in a legal act already in force and in the following acts that modify or integrate it. The second part aims at verifying the possibility to identify further forms of codification. Many are, in fact, the normative acts of EU law, which are not adopted through the official codification procedures but that, nevertheless, have a clear – and sometimes explicit – aim of codification of certain issues. These forms of “codifications” are subject, as well, to the general rules and, in particular, to Article 13, para. 2, TEU as regards the choice of legal basis of acts, and Article 296(1) TFEU on the choice of the type of act to be adopted. Different are, therefore, the forms of “codification” so realized: one is achieved through regulations, which establish uniform and directly applicable rules; another one, which makes use of directives, operates through the harmonization of the laws of Member States. In addition, forms of codification are also the ones realized through the use of soft law acts or atypical acts. The final part of the article examines the European Charter of fundamental rights, which represents a particular form of codification of primary law on human rights.