Non-legislative procedure;Non legislative enactments (NLE)

Many of the legal acts that are adopted in the European Union are of a general nature. The practical details of these legal acts are dealt with through secondary legislation. Secondary legislation cannot exceed the framework established in the general act. However, specific measures can still yield significant effect. The procedure for adopting secondary legislation depends on which of three procedures is used.

In each of the three procedures the Commission plays a key role. The European Parliament and the Council of Ministers mostly determine the framework in which the Commission, together with experts from the member-states, can formulate and/or adopt proposals. When adopting secondary legislation, unlike with primary legislation, it is not necessary to inform national parliaments. As a result, national parliaments cannot scrutinise proposals on the principles of subsidiarity and proportionality.

In very specific cases implementation of secondary legislation can be decided in conjunction with social partners. The procedure used is known as the social protocol⁵.

• 1. 

  The procedure for delegated acts is one of the procedures used to establish secondary legislation. The European Commission may be granted the mandate to establish delegated acts, but only if primary legislation allows for it and only within the boundaries set by the primary legislation.
   
• 2. 

  The examination procedure for implementing acts is one the procedures used to establish secondary legislation. The Commission may be granted the mandate to establish implementing acts, but only if primary legislation allows for it and only within the boundaries set by the primary legislation.
   
• 3. 

  The consultation procedure for implementing acts is one the procedures used to establish secondary legislation. The Commission may be granted the mandate to establish implementing acts, but only if primary legislation allows for it and only within the boundaries set by the primary legislation.
   
• 4. 

  The Lamfalussy procedure is one of the procedures used to establish secondary legislation. Lamfalussy is only used for acts on financial and monetary affairs. In part due to the complexity and in part due to the political sensitive nature of regulation in this sector Lamfalussy utilises the expertise of the financial supervisory bodies in the member states as much as possible.
   
• 5. 

  For proposals that relate to social policy issues the European Commission is obliged to involve social partners in the decision making process. The involvement of the social partners may move beyond an advisory role: member states can decide to have social partners draw up secondary legislation, albeit within certain boundaries. This apsect is what makes the social protocol different from the other procedures for establishing secondary legislation. However, the social protocol is only possible in a limited number of social policy areas.
   
• 6. 

  Decision making in the European Union takes places by means of various legislative procedures. The ordinary legislative procedure is the default procedure. When the Treaties indicate otherwise one of the special legislative procedures is used. Secondary legislation is decided upon by means of a seperate set of special procedures.