On the Concept of Legislative Acts in the European Union Law

16 Pages Posted: 20 Oct 2016

See all articles by Magdaléna Svobodová

Magdaléna Svobodová

Charles University in Prague - Faculty of Law

Date Written: October 19, 2016

Abstract

The paper focuses first on the status of legislative acts in EU law and aims to outline the consequences of being afforded such a status. Subsequently, it deals with specific issue concerning the concept of legislative acts. There is a “grey area” of secondary legislation in EU law, i. e. basic legal acts that are not adopted formally by a legislative procedure and therefore they are not formally considered to be legislative acts. The author calls them “innominate acts”. Particular legal bases serving for adopting of innominate acts are analysed with conclusion that these acts should be, de lege ferenda, recognized in most cases as legislative acts. The author also mentions the problem of democratic deficit and fundamental rights with regard to the issue in question.

Keywords: legislative acts, innominate acts, legislative procedure, democratic deficit, fundamental rights

Suggested Citation

Svobodová, Magdaléna, On the Concept of Legislative Acts in the European Union Law (October 19, 2016). Charles University in Prague Faculty of Law Research Paper No. 2016/II/1. Available at SSRN: https://ssrn.com/abstract=2855190 or http://dx.doi.org/10.2139/ssrn.2855190

Magdaléna Svobodová (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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