- Title Pages
- Dedication
- Foreword
- Authors’ Preface
- Abbreviations<sup>1</sup>
- Notes on the Authors
- Chronological Table of Cases of the Court of Justice of the European Union
- Table of Legal Acts
- Table of Legal Acts of the European Union
- Part I Introduction
- 1 The Idea of European Union Administration—Its Nature and Development
- 2 The Aim and Approach of this Book
- 3 Interdisciplinary Foundations of European Administrative Law
- 4 A Typology of Administrative Tasks in the European Union
- Part II The Constitutional Framework of European Union Administrative Law
- 5 Sources of European Union Administrative Law
- 6 Principles Underlying the Relationship Between the European Union and the Member States
- 7 General Principles Framing European Union Administrative Law
- 8 Delegation and the European Union Constitutional Framework
- Part III Structures, Procedures, and Methods
- 9 Organizational Arrangements for European Union Administrative Action
- 10 Budget Implementation and Programme Management
- 11 Administrative Procedures
- 12 Information and Administration
- 13 Rules and Principles Governing the Substance of Administrative Decision-Making
- Part IV Form and Effect of Administrative Acts—abstract-general Measures
- 14 Agenda Setting, Preparatory Acts, Planning, and Framework Measures
- 15 Subordinate Legislation
- 16 Administrative Rules
- 17 Rule-Making by Private Parties
- Part V Form and Effect of Administrative Acts—Single-Case Measures
- 18 Decisions in Individual Cases
- 19 Administrative Agreements
- 20 Factual Conduct by the Administration in Individual Cases
- Part VI Enforcement and Supervision of Administrative Action
- 21 Purposes and Functions of Supervision and Enforcement
- 22 Enforcement
- 23 Administrative Supervision
- 24 Political Supervision
- 25 Judicial Supervision
- Part VII Conclusion
- 26 The Present and Future Condition of European Union Administrative Law
- Appendix European Union and European Community Treaty Provisions—Table of Correspondences<sup>1</sup>
- Index
Delegation and the European Union Constitutional Framework
Delegation and the European Union Constitutional Framework
- Chapter:
- (p.222) 8 Delegation and the European Union Constitutional Framework
- Source:
- Administrative Law and Policy of the European Union
- Author(s):
Herwig C.H. Hofmann
Gerard C. Rowe
Alexander H. TÜrk
- Publisher:
- Oxford University Press
This chapter examines the concept of delegation in EU administrative law. It begins with the legal issues relating to the constitutional framework of delegation to EU institutions under the EC Treaty before discussing the new constitutional framework established by the Lisbon Treaty of delegated and implementing acts under Articles 290 and 291 of the Treaty on the Functioning of the European Union. It examines the increasingly important delegation of powers to European agencies in the light of the continuing relevance of the Meroni doctrine. It then turns to an assessment of the entrusting of EU powers to the Member States and gives consideration to the constitutionally challenging involvement of private bodies in the implementation of EU policies. It provides an account of the specific issues concerning delegations in respect of financial matters. It concludes with a consideration of the legal issues relating to intra-institutional delegation, in particular within the Commission.
Keywords: EU administrative law, constitutional framework, EC Treaty, Lisbon Treaty, Meroni doctrine, delegation of powers, European Union
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- Title Pages
- Dedication
- Foreword
- Authors’ Preface
- Abbreviations<sup>1</sup>
- Notes on the Authors
- Chronological Table of Cases of the Court of Justice of the European Union
- Table of Legal Acts
- Table of Legal Acts of the European Union
- Part I Introduction
- 1 The Idea of European Union Administration—Its Nature and Development
- 2 The Aim and Approach of this Book
- 3 Interdisciplinary Foundations of European Administrative Law
- 4 A Typology of Administrative Tasks in the European Union
- Part II The Constitutional Framework of European Union Administrative Law
- 5 Sources of European Union Administrative Law
- 6 Principles Underlying the Relationship Between the European Union and the Member States
- 7 General Principles Framing European Union Administrative Law
- 8 Delegation and the European Union Constitutional Framework
- Part III Structures, Procedures, and Methods
- 9 Organizational Arrangements for European Union Administrative Action
- 10 Budget Implementation and Programme Management
- 11 Administrative Procedures
- 12 Information and Administration
- 13 Rules and Principles Governing the Substance of Administrative Decision-Making
- Part IV Form and Effect of Administrative Acts—abstract-general Measures
- 14 Agenda Setting, Preparatory Acts, Planning, and Framework Measures
- 15 Subordinate Legislation
- 16 Administrative Rules
- 17 Rule-Making by Private Parties
- Part V Form and Effect of Administrative Acts—Single-Case Measures
- 18 Decisions in Individual Cases
- 19 Administrative Agreements
- 20 Factual Conduct by the Administration in Individual Cases
- Part VI Enforcement and Supervision of Administrative Action
- 21 Purposes and Functions of Supervision and Enforcement
- 22 Enforcement
- 23 Administrative Supervision
- 24 Political Supervision
- 25 Judicial Supervision
- Part VII Conclusion
- 26 The Present and Future Condition of European Union Administrative Law
- Appendix European Union and European Community Treaty Provisions—Table of Correspondences<sup>1</sup>
- Index
