Consequently, where Article III - 365 (4) of the Constitutional Treaty mentioned a possibility for natural and legal persons to institute proceedings against a «
regulatory act», this clearly applied only to
non-legislative acts.
This is also confirmed by the preparatory documents of the European Convention on Article III ‑ 270 (4) of the Draft Treaty establishing a Constitution for Europe, (23) the provision which subsequently reappeared in the Constitutional Treaty as Article III - 365 (4); according to those documents, the wording «
acts of general application» was debated in the Convention, but ultimately rejected and replaced by the more restrictive expression «
regulatory act», which was intended to express the distinction between legislative and
non-legislative acts.