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The European Parliament and Delegated Legislation: An Institutional Balance Perspective

The European Parliament and Delegated Legislation: An Institutional Balance Perspective

Author: Merijn Chamon
Publisher: Hart Publishing
ISBN: 9781509931859
Published In: November 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book looks into the Treaty-law framework governing the delegation of legislative power in the EU as redefined by the Lisbon Treaty. It asks how this empowered Parliament operates, both in in relation to decision-making at the legislative level, looking at specific case studies, and the sub-legislative level, examining its scrutiny powers. By doing so, it illustrates if the Parliament's formally reinforced role is reflected in the actual balance of powers in the area of delegated legislation. This rigorous study gives a fascinating insight into one of the most significant developments in European parliamentary law-making, which EU constitutional lawyers will find required reading.

1. Introduction

I. A Primer: Operationalising Institutional Balance as a Yardstick for Assessing Institutional Developments

A. Devising an Institutional Balance Test

B. Applying the Institutional Balance Test to Identify Constitutional Modifications

II. Structure of the Enquiry

2. A Formal Reading of the Lisbon Treaty

I. The Formal Catalogue of Acts

II. The Lisbon Treaty's 'Atypical' Acts

III. The Distinction between Delegated and Implementing Acts:

A Cursory Reading of the TFEU

A. Key Features of Article 290 TFEU

B. Key Features of Article 291 TFEU

IV. Parliamentary Control Over Post-Lisbon Executive Acts

3. The Road Leading Up to the Lisbon Treaty

I. Comitology's Origins and Original Sin

II. Judicial Sanctioning of Comitology and the Commission's Broad Implementing Powers

III. From the Single European Act to the 2006 Revision of the Second Comitology Decision

A. Codification: The SEA and the First Comitology Decision

B. A Call for Parliamentarisation and the Second Comitology Decision

C. The Constitution and the Amendment of the Second Comitology Decision

IV. A Recalibrated Institutional Balance

4. The Exponential Multiplication of Delimitation Problems

I. Delimitation of Autonomous Executive Acts against (Delegated) Legislation and Implementation

A. Autonomous Executive Acts vs Legislation

B. Autonomous Executive Acts vs Implementation

C. Institutional Implications

II. Delimitation of Legislation and Delegation

III. Delimitation of Delegated and Implementing Acts

A. Judicial Clarifications in Biocides, Eures Network and Visa Reciprocity

B. Amendments as Implementation

C. The PRAC, a Zombie in EU Law

D. The 2019 Inter-Institutional Agreement

E. Legislative Practice in Light of the 2019 IIA

5. Delegated Power: Further Limits and Procedure

I. The Passive Personal Scope of Article 290 TFEU

II. Breaking Down the Specificity Requirement

A. Duration and Objectives

B. Content and Scope

III. Testing Specificity in Practice

IV. Procedural Limits to the Exercise of Delegated Powers

A. The Drafting of Delegated Acts

B. The Control Exercised by the Legislator: Objection and Revocation

6. Implementing Power: Triggering Factors, Nature, Extent and Procedure

I. The Notion of Uniform Conditions

II. Reconceptualising Implementing Powers Post-Lisbon

A. May Implementing Acts Implement Delegated Acts?

B. The Nature and Extent of Implementing Powers under Article 291 TFEU

C. The Eures Network Standard as the Single Standard for Implementation

D. The Institutions' Constitutional Modification of Article 291(2) TFEU

III. Exceptional Implementation by the Council

A. CFSP Implementation by the Council

B. Duly Justified Specific Cases of Implementation by the Council

C. Implementation by the European Council

IV. The (not so) Closed List of Implementing actors and Implementing Acts

A. EU Agencies

B. Sui Generis Implementing Acts

V. The Comitology Procedures

A. The Proposal for and Negotiations on the Comitology Regulation

B. The Comitology Regulation

C. The Functioning of the Post-Lisbon Comitology Regime

D. The European Parliament's Droit de Regard

VI. No Self-Love, the 2017 Proposal to Amend the Comitology Regulation

7. The Practice and Politics of Delegated Legislation

I. Strategies in Delegating Powers

A. Adding Levels and Strategies to the Model

B. Testing the Model

II. General Data Protection Regulation

A. The Commission's Proposal

B. The Trilogues and the Resulting Text of the GDPR

C. Assessment

III. Data Governance Act

A. The Commission's Proposal

B. The Trilogues and the Resulting Text of the Data Governance Act

C. Assessment

IV. Refining the Model

8. Conclusion

I. Looking Back …

II. … to Move Forward

Annex: Overview of Autonomous Executive Legal Bases

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