Walking a Labyrinth
Edited by Eljalill Tauschinsky and Wolfgang Weiß
Chapter 8: The EU Commission’s administrative agreements: “delegated treaty-making” in between delegated and implementing rule-making
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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