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Administrative Law and Policy of the European Union$
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Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. Türk

Print publication date: 2011

Print ISBN-13: 9780199286485

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199286485.001.0001

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Subordinate Legislation

Subordinate Legislation

(p.524) 15 Subordinate Legislation
Administrative Law and Policy of the European Union

Herwig C.H. Hofmann

Gerard C. Rowe

Alexander H. TÜrk

Oxford University Press

This chapter addresses rule-making by procedures outside the formal ‘ordinary legislative procedure’ (under Article 294 of the Treaty on the Functioning of the European Union, TFEU) and the various special legislative procedures defined in the TFEU. Such rule-making outside the ordinary or special legislative procedures can be conducted either by conferring upon the Commission the power to issue ‘delegated acts’, or by a delegation to the Commission, or exceptionally the Council, of the power to issue ‘implementing acts’. These forms of subordinate rulemaking share the characteristic that they require an explicit delegation of the competence to issue the act concerned. The conditions for such delegation, and by whom it can be conferred, and the limits to which it is subject, are treated within the chapter.

Keywords:   rule-making, TFEU, legislative procedures, European Commission, delegation, subordinate rulemaking

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