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GLOSSARY

Implementing act definition

Published by a LexisNexis EU Law expert

What does Implementing act mean?

EU non-legislative act adopted by the Commission, or exceptionally by the Council, on the basis of a delegation contained in an EU legally binding act to ensure the uniform implementation of EU law.

The concept was introduced by the Treaty of Lisbon in 2007 (art 291 TFEU) which strengthened the implementing powers of the Commission. Implementation of EU law is, as a matter of principle, the responsibility of the Member States. However, certain EU acts require uniform implementation across the EU. An implementing act is a non-legislative act based on a Union act which empowers the EU Commission, or exceptionally the Council, to issue these acts, usually of technical nature, to ensure completeness and uniform implementation of the legislative act. In that sense they are almost essential and Member States need to comply with them. See Regulation (EU) No 182/2011 on mechanisms for control by Member States of the Commission's exercise of implementing powers. See also ‘delegated act’.

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European legislative process

EU lawThe EU’s core objective of achieving European unification is based exclusively on the rule of law. EU law is an independent legal system which has primacy (or supremacy) over national legal provisions. A number of key players are involved in the process of implementing, monitoring and further developing this legal system for which a variety of procedures apply. In general, EU law is composed of three different but interdependent types of legislation, ie primary, secondary and tertiary. The combined law of the EU is also known as the ‘acquis communautaire’.Categories and areas of EU competenceCompetence is a term used to denote the power of the EU to undertake specific action where such power is conferred upon it by the Member States in the EU Treaties. The EU’s competences are set out in the EU Treaties, which provide the basis for any actions the EU institutions take. The EU can only act within the limits of the competences conferred on it by the Treaties, and where the Treaties do not...

Overview of the EU legal system

Introduction to the EU legal systemThe EU legal system is sui generis—there is no other legal system it can be compared to, though it draws elements from many. The key to understanding how it works is to avoid trying to subsume it into (or compare it to) a national system and observe its behaviour from different angles.From its inception, the EU (at the time, the EEC) was intended to grow and become more than an economic bloc, which is why the founding Member States agreed to transfer parcels of sovereignty to the newly 'supranational' institutions. Supranational as the word indicates is something placed over a national structure. The term is used to denote the opposite to intergovernmental where decisions are taken by consensus and linked to national government interests.Upon joining the EU, Member States are no longer able to adopt, independently, legislation in the areas delegated by the EU Treaties ie the Treaty on the European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) and their...

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MiFIR —Commission adopts technical standards to implement EU consolidated trading tapes

The European Commission has adopted technical standards under the Markets in Financial Instruments Regulation (MiFIR) (Regulation (EU) 600/2014) to establish consolidated tapes across EU financial markets. These tapes will centralise trading data—such as prices and volumes of shares, bonds, and derivatives—from execution venues across all Member States. The aim is to improve transparency, competition, and accessibility for both retail and institutional investors. The standards also set out criteria for authorising consolidated tape providers, define a revenue-sharing model between equity tape providers and trading venues, and require that market data be made available in a fair, transparent, and non-discriminatory manner. The package includes one implementing act and three delegated acts, which are now subject to scrutiny by the European Parliament and the Council.

AI model providers get confirmation of delays to EU Code of Practice

MLex: Providers of general-purpose AI (GPAI) models including OpenAI, Google and Microsoft have had confirmation that the legal deadline for a final Code of Practice to help them comply with the EU AI Act will be missed and that they may not see it for a couple more months. The delay is due to efforts to align the Code with guidelines on GPAI rules, and to secure the support of major AI companies amid pressure from the US Government.

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