On the Concept of Legislative Acts in the European Union Law : Charles University in Prague Faculty of Law Research Paper
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.