EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
The European Union’s secondary law
The European Union’s secondary law
The European Union’s secondary law
Article 288 of the Treaty on the Functioning of the European Union (TFEU)
Article 289 of the Treaty on the Functioning of the European Union (TFEU)
Article 290 of the Treaty on the Functioning of the European Union (TFEU)
Article 291 of the Treaty on the Functioning of the European Union (TFEU)
European Union (EU) secondary law is the body of law that is based on the EU treaties. This distinguishes it from the EU’s primary law which mainly consists of the treaties, notably the Treaty of Rome (see summary), which evolved into the Treaty of the Functioning of the European Union (TFEU) (see summary), the Treaty on European Union (see summary), based on the Treaty of Maastricht (see summary), and the Euratom Treaty (see summary). Primary law sets out the distribution of powers and responsibilities between the EU and the EU Member States and provides the legal context within which EU institutions formulate and implement policies.
The Treaty of Lisbon (see summary) revised the types of EU legal acts. There are five types of legal acts at the EU institutions’ disposal.
EU legal acts and their types
Under Article 288 of the TFEU, the European institutions may adopt five types of legal acts:
Regulations, directives and decisions are binding legal acts. If they are adopted through the legislative procedure in accordance with Article 289, they are considered legislative acts. A decision can specifically address one or more addressees (Member States, natural or legal persons). There are also decisions with no specific addressee, particularly in the area of the common foreign and security policy.
Recommendations and opinions are non-legislative, non-binding legal acts.
There are also acts not listed in Article 288 of the TFEU.
The legal status of secondary law
Delegated acts
Implementing acts
For more information, see:
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 1: The legal acts of the Union — Article 289 (OJ C 202, 7.6.2016, p. 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 1: The legal acts of the Union — Article 290 (OJ C 202, 7.6.2016, p. 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 1: The legal acts of the Union — Article 291 (OJ C 202, 7.6.2016, p. 173).
Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (OJ L 433I , 22.12.2020, pp. 28–46).
Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, pp. 13–18).
European Council Decision 2009/882/EU of 1 December 2009 adopting its Rules of Procedure (OJ L 315, 2.12.2009, p. 51).
last update 02.12.2021