Critical Analysis of the Concept of the Legislative Act of the European Union

The thesis offers a critical analysis of legislative acts of the European Union. The objective of the thesis is to determine what concept of legislative act obtains in EU law, and whether the objectives which were sought to be achieved by means of introduction of “language of legislation” into EU law have been achieved. The thesis concentrates on analysis of Articles 289 – 291 TFEU. After analysing ordinary and special legislative procedures, delegated and implementing acts, and legislative acts, it is concluded that no single concept of legislative act currently exists in EU law; the constitutive treaties offer none. The objectives (set forth in the Laeken Declaration) which were sought to be achieved by means of introduction of “language of legislation” into EU law have not been met. Aside from terminological changes the legal position currently obtaining under the Lisbon Treaty does not differ conceptually from that which obtained under the Treaty of Nice. The term “legislative act” employed in Article 289(3) TFEU is just a shorthand denoting an act adopted via a particular procedure.