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 3: The impact of the Better Regulation policy on EU delegated and implementing acts rule-making

François Lafarge

Abstract

This chapter presents how the Better Regulation policy structures the Commission’s rule-making procedures leading to the adoption of draft delegated acts and draft implementing acts. It starts by arguing that there are two approaches to Better Regulation: the technical approach driven mainly by the Commission and the political approach (institutional politics) driven mainly by the Council and the Member States. It shows that if each of the two approaches has its own impact on the rule-making procedures, the technical approach is more prone to influencing the content of delegated acts and of implementing acts than the political approach. But it concludes that both approaches are based on rationales whose primary aims are not to distinguish between the respective normative fields of the two categories of administrative regulations.

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