Chapter

The Reform of Comitology and Delegated Acts

Paolo Ponzano

in Rulemaking by the European Commission

Published in print January 2016 | ISBN: 9780198703235
Published online March 2016 | e-ISBN: 9780191772535 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198703235.003.0003
The Reform of Comitology and Delegated Acts

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With the introduction of the category of delegated acts, the Lisbon Treaty ended an anomaly in the comitology system which allowed the European Commission to supplement or even amend a legislative act without the agreement of the legislature. The distinction between delegated and implementing acts has made the EU system more democratic, the European Parliament having acquired powers of supervision over legislative delegation equal to those of the Council. The EU system has also become more in keeping with the separation of powers, owing to a clearer delineation between matters that should fall to the legislative arm of government and those that should fall within the province of the executive. But there is a ‘grey zone’ between the two species of act and, in the absence of objective criteria provided by the Court of Justice, the choice between delegated and implementing acts will often remain a matter of political bargaining.

Keywords: Article 290 TFEU; 291 Article TFEU; delegated acts; implementing acts; executive power; democratic legitimacy; separation of powers; comitology; delegated and implementing acts

Chapter.  8449 words. 

Subjects: EU Law ; Constitutional and Administrative Law

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