Atypical acts

 

SUMMARY OF:

Article 121 of the Treaty on the Functioning of the European Union (TFEU) – Economic policy

Article 148 TFEU – Employment

Article 171 TFEU – Trans-European networks

Article 177 TFEU – Economic, social and territorial cohesion

Article 218 TFEU – International agreements

Article 232 TFEU – The European Parliament

Article 240 TFEU – The Council

Article 249 TFEU – The Commission

Article 254 TFEU – The Court of Justice of the European Union

Article 256 TFEU – The Court of Justice of the European Union

Article 287 TFEU – The Court of Auditors

Article 295 TFEU – Procedures for the adoption of acts and other provisions

Article 303 TFEU – The Economic and Social Committee

Article 306 TFEU – The Committee of the Regions

WHAT IS THE AIM OF THESE ARTICLES?

• Atypical acts are a category of acts adopted by the European Union (EU) institutions and relate to the EU’s internal organisation. These acts are described as atypical because they are not part of the nomenclature of legal acts provided for in Article 288 of the Treaty on the Functioning of the European Union (TFEU).
• There are many types of atypical acts. Some are mentioned in the treaties of the EU, while others have emerged in practice.
• Atypical acts are differentiated by their application, which is generally political. Some may be binding, although this remains limited to the EU’s institutional framework.

KEY POINTS

Atypical acts foreseen by the treaties

• The EU institutions’ Rules of Procedure are atypical acts. The founding treaties lay down that the EU institutions adopt their own Rules of Procedure.
• The Rules of Procedure lay down the internal organisation, operation and working methods of the EU institutions. They have binding effect only for the institution or body concerned.
• The following articles provide for the legal bases for adoption of Rules of Procedure:
  • Article 232 TFEU – The European Parliament
  • Article 240 TFEU – The Council of the European Union
  • Article 249 TFEU – The European Commission
  • Article 254 TFEU – The Court of Justice of the European Union
  • Article 287 TFEU – The Court of Auditors
  • Article 303 TFEU – The European Economic and Social Committee
  • Article 306 TFEU – The Committee of the Regions.
• The founding treaties also provide for other types of acts adopted in the context of political dialogue between the EU institutions. These acts are essentially intended to facilitate work and cooperation between the institutions. For example, in the context of the procedure for the adoption of international agreements, the Council of the European Union may address negotiating guidelines to the European Commission for the negotiation of the agreements (Article 218 TFEU).
• The institutions may also go further by organising their cooperation by means of interinstitutional agreements (Article 295 TFEU). These types of agreements are also atypical acts. They may have binding effect, but only for the institutions that have signed the agreement.

Atypical acts not provided for by the treaties

EU institutions use a range of instruments that have emerged in practice. They include declarations, deliberations, recommendations, resolutions, communications, codes of conduct, interinstitutional agreements, timetables, conclusions and White and Green Papers.

• The Parliament expresses some of its political positions at the international level by means of resolutions (e.g. on Russian aggression against Ukraine).
• The Council regularly adopts conclusions, resolutions or guidelines following its meetings. These acts essentially express the institution’s opinion on certain European or international issues. They have general application but do not have binding effect. Examples include the Council’s conclusions on enlargement of 12 December 2023.
• The Commission also adopts several atypical acts that are specific to it.
  • The most common are communications, which generally present new policy programmes.
  • Staff working documents provide background information, including details of research undertaken to provide the rationale for the policy outlined in a communication; they are also used to outline how and why policy choices are made in the case of legislative proposals.
  • It adopts Green Papers, which are intended to launch public consultations on certain EU issues (e.g. its ‘Green Paper on ageing’, adopted in 2021). It uses these to gather the necessary information before drawing up a legislative proposal.
  • It occasionally adopts White Papers setting out detailed proposals for measures to be taken at the EU level (e.g. its ‘White Paper on artificial intelligence’, issued in 2020).
  • It also issues guidelines, often to provide practical information to assist the interpretation of legislation. An example would be its guidelines on State aid for climate, environmental protection and energy, issued in 2022.

MAIN DOCUMENTS

Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title VIII – Economic and monetary policy – Chapter 1 – Economic policy – Article 121 (ex Article 99 TEC) (OJ C 202, 7.6.2016, pp. 97–98).

Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title IX – Employment – Article 148 (ex Article 128 TEC) (OJ C 202, 7.6.2016, pp. 112–113).

Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title XVI – Trans-European networks – Article 171 (ex Article 155 TEC) (OJ C 202, 7.6.2016, p. 125).

Consolidated version of the Treaty on the Functioning of the European Union – Part Three – Union policies and internal actions – Title XVIII – Economic, social and territorial cohesion – Article 177 (ex Article 161 TEC) (OJ C 202, 7.6.2016, p. 128).

Consolidated version of the Treaty on the Functioning of the European Union – Part Five – The Union’s external action – Title V – International agreements – Article 218 (ex Article 300 TEC) (OJ C 202, 7.6.2016, pp. 144–146).

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 1 – The institutions – Section 1 – The European Parliament – Article 232 (ex Article 199 TEC) (OJ C 202, 7.6.2016, p. 152).

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 1 – The institutions – Section 3 – The Council – Article 240 (ex Article 207 TEC) (OJ C 202, 7.6.2016, p. 154).

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 1 – The institutions – Section 4 – The Commission – Article 249 (ex Articles 218(2) and 212 TEC) (OJ C 202, 7.6.2016, p. 157).

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 1 – The institutions – Section 5 – The Court of Justice of the European Union – Article 254 (ex Article 224 TEC) (OJ C 202, 7.6.2016, pp. 158–159).

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 1 – The institutions – Section 5 – The Court of Justice of the European Union – Article 256 (ex Article 225 TEC) (OJ C 202, 7.6.2016, pp. 159–160).

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 1 – The institutions – Section 7 – The Court of Auditors – Article 287 (ex Article 248 TEC) (OJ C 202, 7.6.2016, pp. 170–171).

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 295 (OJ C 202, 7.6.2016, p. 175).

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 3 – The Union’s advisory bodies – Section 1 – The Economic and Social Committee – Article 303 (ex Article 260 TEC) (OJ C 202, 7.6.2016, p. 178).

Consolidated version of the Treaty on the Functioning of the European Union – Part Six – Institutional and financial provisions – Title I – Institutional provisions – Chapter 3 – The Union’s advisory bodies – Section 2 – The Committee of the Regions – Article 306 (ex Article 264 TEC) (OJ C 202, 7.6.2016, p. 179).

last update 17.05.2024