The Legislative Choice Between Delegated and Implementing Acts in EU Law
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The Legislative Choice Between Delegated and Implementing Acts in EU Law

Walking a Labyrinth

Edited by Eljalill Tauschinsky and Wolfgang Weiß

In the face of the current confusion about the use of arts 290 and 291 TFEU, there is need of further development of the theory of legislative delegation to the EU Commission. This timely book approaches this question from a practical perspective with a detailed examination of how the legislator uses delegated and implementing mandates in different fields of EU law. Offering an analysis of legislative practice and providing concrete evidence of how articles 290 and 291 TFEU are actually handled, it offers new insight into potential developments in EU administrative law.
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Chapter 2: Competition between articles 290 and 291 TFEU: what are these two articles about?

Dmitri Zdobnõh


What are articles 290 and 291 TFEU about? This chapter offers an answer to that question by analysing the case law of the CJEU. Based on that case law it is suggested that articles 290 and 291 TFEU are not about power of the Commission or about acts at all. Instead, they are default catalogues of mechanisms for control over the exercise of the power granted (by the EU legislator to the Commission or the Council). Creation of other such mechanisms is, however, possible. Importantly, neither of the two articles sets forth any type of power or any type of act.

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