Walking a Labyrinth
Edited by Eljalill Tauschinsky and Wolfgang Weiß
Chapter 2: Competition between articles 290 and 291 TFEU: what are these two articles about?
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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