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 4: Lisbon comitology and tertiary law – the example of food and farm law

Jens Karsten

Abstract

In terms of numbers, food and farm law provides for the largest share of tertiary law ‘production’. In terms of political interest, food and farm law has generated many examples where conflict sprang from the exercise of delegated powers. The chapter considers the most illustrious cases of Lisbon comitology based on food and farm law whose technical intricacies are often as complex as the political debate surrounding it. Food and farm law thereby provide an object-lesson for Lisbon comitology in practice.

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