Eu law Lectures History of the eu

Soft law

Not directly stated in article 288 TFEU. It is becoming increasing widespread in EU law.

Soft law is almost exclusively issued by EU Comm and can have various names such as Communications, Guidelines, Framework, White Paper, Green Paper etc.

It does not create any obligations which are directly enforceable. They cannot be used by parties in court. However, they create practical one. They are self-binding to order to apply hard law in a manner which is described in soft law. Soft law interprets law in a way and provides guidelines on how to apply EU law. The institution is binding itself to apply EU treaties in a certain way.

Art 107 TFEU- state aid provision- how states are funding companies

The EU Comm may say yes or no to state aid to specific sectors, undertakings companies etc.

However, it does not provide specific criteria when the EU can refuse or allow state aid.

Soft law provided certain criteria which must be met in order to make a decision regarding state aid to undertakings.

Soft law should never lead to the breach of EU hard law. Soft law do have an effect however it is difficult to grasp as we are discussing acts which provide somewhat binding interpretative guidelines.