Atypical acts

Atypical acts are a category of acts adopted by the European Union (EU) institutions and relate to the EU’s internal organisation. They are described as ‘atypical’ because they do not fall into the categories of legal acts provided for in Article 288 of the Treaty on the Functioning of the European Union (TFEU).

There are different types of atypical acts. Some are provided for by other articles of the EU treaties, while others have been developed by institutional practice. Some are binding, while others are not.

Examples of atypical acts provided for by the treaties include the rules of procedure of various EU institutions and bodies (Articles 232, 240, 254, 287, 303 and 306 of the TFEU) and interinstitutional agreements, i.e. agreements whereby EU institutions agree to organise how they work together (Article 295 of the TFEU).

Examples of atypical acts not provided for in the treaties include European Parliament resolutions, by which it expresses its political positions; Council of the European Union conclusions and resolutions; European Commission communications (often presenting new policies), green papers to launch public consultations and white papers, which set out detailed proposals for measures to be taken at the EU level.