The European Parliament and Delegated Legislation: An Institutional Balance Perspective

✍ Scribed by Merijn Chamon

• Publisher: Hart Publishing
• Year: 2022
• Tongue: English
• Leaves: 233
• Series: Parliamentary Democracy in Europe
• Category: Library

✦ Synopsis

This book revisits the Treaty of Lisbon’s promise to further parliamentarise the EU’s functioning by looking into the Treaty-law framework governing the delegation of legislative power in the EU. In this field, the Lisbon Treaty formally greatly strengthened the position of the European Parliament vis-à-vis both the European Commission and the Council. The book explores whether Parliament’s formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It does so by assessing how both the law and practice of decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining the scrutiny over delegated legislation, has crystallised in the ten years following the entry into force of the Lisbon Treaty. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading.
Volume 8 in the series Parliamentary Democracy in Europe

✦ Table of Contents

Contents
Table of Cases
List of Figures
List of Tables
1. Introduction
I. A Primer: Operationalising Institutional Balance as a Yardstick for Assessing Institutional Developments
II. Structure of the Enquiry
2. A Formal Reading of the Lisbon Treaty
I. The Formal Catalogue of Acts
II. The Lisbon Treaty's 'Atypical' Acts
III. The Distinction between Delegated and Implementing Acts: A Cursory Reading of the TFEU
IV. Parliamentary Control Over Post-Lisbon Executive Acts
3. The Road Leading Up to the Lisbon Treaty
I. Comitology's Origins and Original Sin
II. Judicial Sanctioning of Comitology and the Commission's Broad Implementing Powers
III. From the Single European Act to the 2006 Revision of the Second Comitology Decision
IV. A Recalibrated Institutional Balance
4. The Exponential Multiplication of Delimitation Problems
I. Delimitation of Autonomous Executive Acts against (Delegated) Legislation and Implementation
II. Delimitation of Legislation and Delegation
III. Delimitation of Delegated and Implementing Acts
5. Delegated Power: Further Limits and Procedure
I. The Passive Personal Scope of Article 290 TFEU
II. Breaking Down the Specificity Requirement
III. Testing Specificity in Practice
IV. Procedural Limits to the Exercise of Delegated Powers
6. Implementing Power: Triggering Factors, Nature, Extent and Procedure
I. The Notion of Uniform Conditions
II. Reconceptualising Implementing Powers Post-Lisbon
III. Exceptional Implementation by the Council
IV. The (not so) Closed List of Implementing Actors and Implementing Acts
V. The Comitology Procedures
VI. No Self-Love, the 2017 Proposal to Amend the Comitology Regulation
7. The Practice and Politics of Delegated Legislation
I. Strategies in Delegating Powers
II. General Data Protection Regulation
III. Data Governance Act
IV. Refining the Model
8. Conclusion
I. Looking Back
II. … to Move Forward
Annex: Overview of Autonomous Executive Legal Bases
Index