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 8: The EU Commission’s administrative agreements: “delegated treaty-making” in between delegated and implementing rule-making

Andrea Ott

Abstract

This chapter addresses the practice of the European Commission in concluding international agreements with international organizations and third countries. These international agreements are not based on the treaty-making norms under Article 218 or 219 TFEU but resemble internal delegated rule-making in line with Articles 290 and 291 TFEU in nature and relate to these non-legislative acts in their implementation. The chapter addresses constitutional theory underlying the delegation of legislative powers, which is followed by analysing the specific circumstances under which the delegation and the limits to delegation in EU law and EU external relations law operate. Consequently, the question arises how far delegated treaty-making by the Commission differs from or relates to delegated and implementing non-legislative acts adopted by the Commission and how far sufficient political, procedural and judicial safeguards are applied to protect other external actors and respect EU primary law.

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