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Comitology, Rulemaking, and the Lisbon Settlement: Tensions and Strains

Paul Craig

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0009
Subject:
Law, EU Law, Constitutional and Administrative Law

The chapter begins by considering the core assumptions underlying the Lisbon model and the rationale for the division between delegated and implementing acts. The subsequent analysis then addresses ... More


The Making of Delegated and Implementing Acts: Legitimacy beyond Institutional Balance

Joana Mendes

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0011
Subject:
Law, EU Law, Constitutional and Administrative Law

The procedures guiding the making of delegated and implementing acts have been conceived from a predominantly inter-institutional perspective and have not taken account of the participative democracy ... More


Is There a Hierarchy of Legislative, Delegated, and Implementing Acts?

Jürgen Bast

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

According to a widespread assumption, the Treaty of Lisbon has established a three-tiered hierarchy between legislative, delegated, and implementing acts. This contribution challenges this view, ... More


Delegation of Powers in the European Union: Political Problems, Legal Solutions?

Kieran Bradley

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0004
Subject:
Law, EU Law, Constitutional and Administrative Law

The European Parliament is often presented as a ‘winner’ of the Lisbon Treaty in this area. Indeed, Articles 290 and 291 TFEU grant Parliament powers in relation to the supervision of delegated acts ... More


The Contest for Power in Delegated Rulemaking

Adrienne Héritier and Catherine Moury

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0006
Subject:
Law, EU Law, Constitutional and Administrative Law

Ever since the Lisbon Treaty introduced the new provisions on delegated rulemaking, the newly created institutional rules have undergone change. Some changes have occurred openly in the formal ... More


The Reserved Domain of the Legislature: The Notion of ‘Essential Elements of an Area’

Dominique Ritleng

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

The notion of ‘essential elements of an area’ which appears in Article 290 TFEU demarcates a material preserve of the legislature, the origin of which is to be found in the Köster jurisprudence. If ... More


Introduction

Carl Fredrik Bergström

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explains the basic notions that will be used in the book, how they have emerged and what they mean; ‘primary’ and ‘secondary’ law, ‘legislative’ and ‘non-legislative’ acts, ‘delegated’ ... More


Patterns and Findings: Five Central Themes

Carl Fredrik Bergström and Dominique Ritleng

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0012
Subject:
Law, EU Law, Constitutional and Administrative Law

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. ... More


Interinstitutional Tensions in the New System for Delegation of Powers

Thomas Christiansen and Mathias Dobbels

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter discusses how the new system for delegation of powers has been put into practice by examining in some detail a number of classic key ‘sites’ for inter-institutional conflict. This ... More


The Reform of Comitology and Delegated Acts: An Executive’s View

Paolo Ponzano

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

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 ... More


The Evolution of the Approach to Executive Rulemaking in the EU

Jean Paul Jacqué

in Rulemaking by the European Commission: The New System for Delegation of Powers

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter traces the evolution of the approach to executive rulemaking in the EU and the question of who is holder of executive power. It is argued that the Lisbon Treaty has ended a long ... More


Rulemaking by the European Commission: The New System for Delegation of Powers

Carl Fredrik Bergström and Dominique Ritleng (eds)

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198703235
eISBN:
9780191772535
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703235.001.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This book examines the expectations on the new system for delegations of powers in the light of the experience after its first few years of operation and provides a balanced assessment of the legal ... More


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