European Union

Abstract In the EU legal system, the distinction between legislative measures, rulemaking subordinate to legislation, and individual decisions is acknowledged in the Treaty framework and confirmed by ECJ case law and EU legislation. EU institutions and administrations may adopt a variety of binding rulemaking measures. These include (i) non-legislative measures adopted by the Commission or the Council under Articles 290 and 291 of the Treaty on the Functioning of the European Union, and (ii) legally binding non-legislative measures adopted by EU institutions, bodies, offices, and agencies on the basis of sector-specific Treaty provisions or legislative acts. The importance of non-binding rulemaking should also be stressed. The EU legal order has no general code of good administration or administrative procedure. In spite of this, several sources impose general (not sector-specific) procedural obligations on public bodies when they adopt administrative rules. These comprise Treaty articles, articles of the Charter of Fundamental Rights of the European Union, European Court of Justice case law, the European Ombudsman, and the Commission. While due process drives the functional rationale behind individual decision-making requirements, interest representation, exemplified by recourse to consultation, shapes and orients rulemaking procedures.