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Rulemaking by the European CommissionThe New System for Delegation of Powers$
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Carl Fredrik Bergström and Dominique Ritleng

Print publication date: 2016

Print ISBN-13: 9780198703235

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198703235.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 June 2021

Patterns and Findings: Five Central Themes

Patterns and Findings: Five Central Themes

(p.257) 12 Patterns and Findings: Five Central Themes
Rulemaking by the European Commission

Carl Fredrik Bergström

Dominique Ritleng

Oxford University Press

The last chapter of the book provides the general conclusions in which the striking patterns which can be drawn from the authors’ analyses are set out and the most forceful findings are identified. These patterns and findings are sorted within five central themes covering; the contrast between the constitutional expectations on the reform and its result; the seemingly smooth operation of the regulatory machinery; the over-simplified and still unclear implications for the institutional balance of powers; the unsolved and, thus, remaining problems where fundamental difference of opinion has persisted; and, finally, the judicial response. In addition, this chapter provides an answer to the basic question they addressed—whether the new system has really affected the old doctrine of delegation of powers—and discuss, briefly, some of the issues which call for further study.

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

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