Secondary Source in Europe

The EU Legal Instruments As the Secondary Source of Union Law

Law made by the Union institutions through exercising the powers conferred on them is referred to as secondary legislation, the second important source of EU law.

Context of Secondary Source in the European Union

It consists of legislative acts, delegated acts, implementing acts and other legal acts. ‘Legislative acts’ are legal acts adopted by ordinary or special legislative procedure (Article 289 TFEU). ‘Delegated acts’ are non-legislative acts of general and binding application to supplement or amend certain non-essential elem ents of a legislative act. They are adopted by the Commission; a legislative act must be drawn up explicitly delegating power to the Commission for this purpose. The objectives, content, scope and duration of the delegation of power are explicitly defined in the legislative act concerned. This delegation of power can be revoked by the Council or the European Parliament at any time. A delegated act may enter into force only if no objection has been raised by the European Parliament or the Council within a period set by the legislative act (Article 290 TFEU). ‘Implementing acts’ are an exception to the principle whereby all the measures required to implement binding EU legal acts are taken by the Member States in accordance with their own national provisions. Where uniform conditions are needed for implementing legally binding EU acts, this is done by means of appropriate implementing acts, which are generally adopted by the Commission, and, in certain exceptional cases, by the Council. However, the European Parliament and the Council lay down in advance the rules and general principles concerning the mechanisms for control by Member States of the Commission’s exercise of implementing powers (Article 291 TFEU). Finally, there is a whole set of ‘other legal acts’ which the Union institutions can use to issue non-binding measures and statements or which regulate the internal workings of the EU or its institutions, such as agreements or arrangements between the institutions, or internal rules of procedure.

More about Secondary Source in the European Union

These legal acts can take very different forms. The most important of these are listed and defined in Article 288 TFEU. As binding legal acts, they include both general and abstract legal provisions on the one hand and specific, individual measures on the other. They also provide for the Union institutions to issue non-binding statements. This list of acts is not exhaustive, however. Many other legal acts do not fit into specific categories. These include resolutions, declarations, action programmes or White and Green Papers. There are considerable differences between the various acts in terms of the procedure involved, their legal effect and those to whom they are addressed; these differences will be dealt with in more detail in the section on the ‘means of action’.

Other Aspects

The creation of secondary Union legislation is a gradual process. Its emergence lends vitality to the primary legislation deriving from the Union Treaties, and progressively generates and enhances the European legal order.