Article 288 of the Treaty on the Functioning of the European Union (TFEU) defines the various types of legal acts that the European Union (EU) may adopt, including decisions.

Article 297 TFEU sets out the rules on the signing, publication and entry into force of various types of legal acts adopted by the EU institutions.

KEY POINTS

To exercise the EU’s competence, EU institutions may adopt different types of legal acts. A decision is a legal act binding in its entirety. A decision which specifies those to whom it is addressed is binding only on them.

A decision forms part of the EU’s secondary law. It is adopted by the EU institutions in accordance with the treaties.

An act that is binding in its entirety

According to Article 288 TFEU, a decision is binding in its entirety. A decision may be a legislative or a non-legislative act.

Decisions are legislative acts when they are adopted by:

the European Parliament and the Council of the European Union (ordinary legislative procedure);
the Parliament with the participation of the Council (special legislative procedure);
the Council with the participation of the Parliament (special legislative procedure).

Decisions are non-legislative acts when they are not adopted in accordance with legislative procedure. They may be adopted, for example, by the European Council, the Council or the European Commission.

Non-legislative decisions may also take the form of delegated and implementing acts.

Decision with a specific addressee

A decision may have one or more addressees (one or several EU Member States, one or several companies or individuals). For example, when the Commission decides to impose a fine on a company for abusing its dominant market position, it addresses its decision to that company.

A non-legislative decision which specifies to whom it is addressed must be notified to the party concerned, and it takes effect upon such notification. This notification may consist of the sending of a registered letter with acknowledgement of receipt.

Decisions addressed to one or several specific individuals and companies have direct effect and can therefore be invoked before national courts by the addressees.

Decisions addressed to a specific Member State or all Member States as the addressee(s) may also have a direct effect. This depends on their nature, background and wording. The wording should be sufficiently clear, unconditional and precise. The Court of Justice of the European Union recognises only a ‘vertical’ direct effect of decisions addressed to one or several Member States. This means that individuals may rely on a decision only against the Member State to which it is addressed and not against another individual.

Decisions without addressees

Since the entry into force of the Lisbon Treaty, a decision no longer necessarily specifies to whom it is addressed. In particular, Article 288 TFEU clarifies that a decision may specify to whom it is addressed, while its predecessor (Article 249 of the Treaty establishing the European Community) referred only to a decision specifying to whom it is addressed.

Non-legislative decisions have in particular become the basic legal acts in the field of common foreign and security policy (CFSP).

For these purposes and on the basis of the Treaty on European Union, the European Council and the Council adopt non-legislative decisions (Article 31(1) of this treaty).

Publication of decisions and entry into force

Article 297 TFEU requires legislative decisions to be 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. The same rule applies to non-legislative decisions which do not specify to whom they are addressed.

A decision which specifies to whom it is addressed may also be published in the Official Journal. However, publication does not do away with the need for notification, which is the only way to ensure the act produces legal effects.

BACKGROUND

For more information, see:

Regulations, Directives and other acts (Europa website).

MAIN DOCUMENTS

Consolidated version of the Treaty on the Functioning of the European Union — Part Six — Institutional and financial provisions — Title I — Institutional provisions — Chapter 2 — Legal acts of the Union, adoption procedures and other provisions — Section 1 — The legal acts of the Union — Article 288 (ex Article 249 TEC) (OJ C 202, 7.6.2016, pp. 171-172)

Consolidated version of the Treaty on the Functioning of the European Union — Part Six — Institutional and financial provisions — Title I — Institutional provisions — Chapter 2 — Legal acts of the Union, adoption procedures and other provisions — Section 2 — Procedures for the adoption of acts and other provisions — Article 297 (ex Article 254 TEC) (OJ C 202, 7.6.2016, p. 176)

last update 26.07.2021

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