The EU’s objectives, competences, political and legal instruments, etc. are described in the treaties agreed between the EU’s Member States. The provisions in the EU treaties form the basis for all other EU law. This means that all the EU’s other legislation – Regulations, Directives, Decisions, Resolutions, etc. – must be in accordance with the treaties in terms of both their content and how they are drawn up.
A treaty often begins with a preamble, which is a type of description of the reasons for agreeing the treaty. This is followed by the actual provisions of the treaty, which are divided into numbered sections called articles. Protocols and declarations will often be linked to the treaty text itself.
Declarations are politically binding documents, unlike legally binding protocols. This means that declarations are usually used either as a form of proclamation of an attitude towards a particular issue or an explanation, whilst protocols contain specific provisions with which the countries must comply.
A declaration may be supported by all the countries, or an individual country may wish to issue a declaration on a particular matter.
Unlike declarations, protocols are legally and not just politically binding documents. Protocols can only be amended through a treaty amendment. For example, the registered offices of the EU’s institutions are set out in a protocol
| In connection with the Treaty of Nice, all the countries agreed on a declaration concerning the venue for meetings of the European Council.
22. Declaration on the venue for European Councils |