Access to European Union law
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Glossary of summaries

Non-legislative acts

According to Article 289 of the Treaty on the Functioning of the European Union (TFEU),

  • non-legislative acts are decisions that are adopted, generally by the European Commission, following delegation (delegated acts) or in order to implement a legislative act (implementing acts);
  • legislative acts are decisions adopted under the ordinary or a special legislative procedure.

Thus, for a non-legislative act to be adopted, a legislative act must first delegate to the Commission the power to adopt it. The legislative act must also explicitly define the objectives, content, scope and duration of the delegation of power to the Commission.

The delegation of power is subject to the following conditions:

  • the European Parliament or the Council may decide to revoke the delegation;
  • the delegated act may enter into force only if no objection has been expressed by the European Parliament or the Council within a deadline set by the legislative act.

Some non-legislative acts adopted in the form of regulations, directives or decisions which do not specify to whom they are addressed. In this case, they are signed by the President of the institution which adopted them.

Regulations and directives which are addressed to all EU countries, and decisions which do not specify to whom they are addressed, are published in the Official Journal of the European Union. They enter into force on the date specified in them or, if no date is specified, on the 20th day following that of their publication.

Other directives, and decisions which specify to whom they are addressed, are notified to those to whom they are addressed and take effect on notification.

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