Delegation of Powers in the EU Legal System

Delegation of Powers in the EU Legal System PDF

Author: Annalisa Volpato

Publisher: Routledge

Published: 2022-03-29

Total Pages: 327

ISBN-13: 1000563464

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The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.

Rulemaking by the European Commission

Rulemaking by the European Commission PDF

Author: Carl Fredrik Bergström

Publisher: Oxford University Press

Published: 2016

Total Pages: 321

ISBN-13: 0198703236

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Examining the constitutional and procedural arrangements that enable the European Commission to adopt general and legally binding rules, this book explores how the system works in practice, subsequent to the sweeping reforms recently implemented.

Controlling the EU Executive?

Controlling the EU Executive? PDF

Author: Gijs Jan Brandsma

Publisher: Oxford University Press

Published: 2017-09-07

Total Pages: 240

ISBN-13: 0191080810

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Every year the EU Commission issues thousands of rules based on powers delegated by the Council of Ministers and the European Parliament. But delegation is carefully controlled. Traditionally, control has been exerted through a system of committees of member state representatives ('comitology'). However, this system was contested by the European Parliament which was left without any influence. The Lisbon Treaty introduced a new control regime for delegated powers, the so-called delegated acts system, which was meant to supplement the existing system. The new system involves direct control by the Council of Ministers and the European Parliament and thus for the first time gave the European Parliament real influence over delegated powers. However, the choice over which delegation regime to use in practice has turned into one of the most vehement institutional conflicts in the EU political system. This book represents the first comprehensive investigation of this conflict. It does so by a combination of methods and data, including process-tracing of the introduction of the new system in the Lisbon Treaty, case studies of selected post-Lisbon delegation situations, and statistical analysis of datasets comprising hundreds of post-Lisbon legislative files.

The Legislative Choice Between Delegated and Implementing Acts in EU Law

The Legislative Choice Between Delegated and Implementing Acts in EU Law PDF

Author: Eljalill Tauschinsky

Publisher: Edward Elgar Publishing

Published: 2018-11-30

Total Pages: 272

ISBN-13: 1788115236

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In the face of the current confusion about the use of arts 290 and 291 TFEU, there is need of further development of the theory of legislative delegation to the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law. Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, it offers new insight into potential developments in EU administrative law.

The Powers of the Union

The Powers of the Union PDF

Author: Fabio Franchino

Publisher: Cambridge University Press

Published: 2007-03-22

Total Pages: 313

ISBN-13: 0521866421

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Analyses the distribution of power in the EU across levels of governance and supranational institutions.

Law and Practices of Delegated Rulemaking by the European Commission

Law and Practices of Delegated Rulemaking by the European Commission PDF

Author: Zamira Xhaferri

Publisher: BRILL

Published: 2023-01-16

Total Pages: 384

ISBN-13: 9004523529

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This book first provides a critical analysis of the legal framework that governs the delegation of rulemaking powers to the European Commission. Second, it explores how the framework that governs such a delegation of powers to the Commission operates in the food and health policy domain.

Comitology

Comitology PDF

Author: Carl Fredrik Bergström

Publisher: Oxford University Press, USA

Published: 2005

Total Pages: 440

ISBN-13:

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This text examines how political decisions are taken in the EU and who influences them, touching upon some of the most crucial aspects of democracy. The author maintains that comitology is a central and well-functioning aspect of the EU.

Delegated Legislation and the Role of Committees in the EC

Delegated Legislation and the Role of Committees in the EC PDF

Author: Mads Tønnesson Andenæs

Publisher: Springer

Published: 2000-05-24

Total Pages: 456

ISBN-13:

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This book is the outcome of a research seminar with the title of `Delegation of Legislative Powers in the European Community: the Role of Committees' that was held in London on 16 and 17 January 1998. The seminar brought together academics from political and legal science in different countries of the European Community in order to provide as diverse as possible a set of perspectives on the topic. Some of the chapters of the book are based on papers delivered in the seminar. The first part of the book is primarily devoted to a political science perspective on comitology and provides a general theoretical framework. The second part is concerned with a normative analysis in a legal tradition of the issue of delegation of legislative powers. The aim here is to explore to what extent the national concepts and institutes of delegation of powers can contribute to a better understanding of the Community concept of delegation. The third part of the book concerns the institutional perspective and deals with the history of comitology and the role of the Court of Justice in the development of the system. The fourth and final part of the book examines various areas of EC law, including environmental law, product safety and other areas.

The European Parliament and Delegated Legislation

The European Parliament and Delegated Legislation PDF

Author: Merijn Chamon

Publisher: Bloomsbury Publishing

Published: 2022-11-03

Total Pages: 233

ISBN-13: 1509931864

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This book revisits the Treaty of Lisbon's promise to further parliamentarize the EU's functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallized in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading.