Rulemaking by the European Commission: The New System for Delegation of Powers
Carl Fredrik Bergström and Dominique Ritleng
Abstract
This book examines the expectations on the new system for delegations of powers in the light of the experience after its first few years of operation and provides a balanced assessment of the legal implications. The basic question addressed is if the new system has really affected the old doctrine of delegation of powers, but a wide range of more specific aspects is also addressed. The book is divided into four main parts. In Part I the political and historical context is examined with special emphasis on driving forces behind reform and institutional reactions, strategic considerations, and c ... More
This book examines the expectations on the new system for delegations of powers in the light of the experience after its first few years of operation and provides a balanced assessment of the legal implications. The basic question addressed is if the new system has really affected the old doctrine of delegation of powers, but a wide range of more specific aspects is also addressed. The book is divided into four main parts. In Part I the political and historical context is examined with special emphasis on driving forces behind reform and institutional reactions, strategic considerations, and competing agendas. In Part II the operation of the new system for delegation of powers is examined with focus on institutional practice and current interaction. In Part III a series of detailed analyses are made of the legal preconditions for delegation of powers and the emerging case law from the Court of Justice of the EU. In Part IV the procedural dimension is addressed and, in particular, the legal preconditions for private actors to participate in rulemaking by the European Commission. In addition to these parts there is, first, a general introduction which maps the development of the doctrine of delegation of powers and the EU regulatory productivity and, finally, a common conclusion where the striking patterns observed in this book are set out and its most forceful findings.
Keywords:
Article 290 TFEU,
291 Article TFEU,
delegated acts,
implementing acts,
legislative acts,
non-legislative acts,
hierarchy of norms,
separation of powers,
comitology,
common understanding
Bibliographic Information
| Print publication date: 2016 |
Print ISBN-13: 9780198703235 |
| Published to Oxford Scholarship Online: March 2016 |
DOI:10.1093/acprof:oso/9780198703235.001.0001 |
Authors
Affiliations are at time of print publication.
Carl Fredrik Bergström, editor
Professor of European Law, Uppsala University, Sweden
Dominique Ritleng, editor
Professor of Law, University of Strasbourg, France
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