In a resolution adopted on September 4, 2007, Euro deputies denounced using the soft-law instruments, "an ambiguous and pernicious" notion which "should not be used in any documents of the Community institutions". The Parliament wants at least to be a partner in the development of these tools, especially the open method of coordination instrument. (Ref. 070757)
According to the European Parliament, the distinction between “dura lex and mollis lex should not be accepted or recognised”, because it is “conceptually absurd”. Highlighting that the European law can be distinguished from public international law “by reason of the fact that it is binding”, not only on member States but also “on individuals, who derive legally enforceable rights from it”, the resolution denounced the fact that soft-law instruments (such as recommendations, green and white papers or Council conclusions), are used as “substitutes for legal acts and instruments, whereas the Community has legislative competence”.
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