The Legislative Choice Between Delegated and Implementing Acts in EU Law

Walking a Labyrinth

Edited by Eljalill Tauschinsky, Post-doctoral Researcher, Chair of Public, Public International and European Law, German University of Administrative Sciences, Speyer and Research Associate, German Research Institute for Public Administration, Speyer and Wolfgang Weiß, Full Professor of Public, Public International and European Law, German University of Administrative Sciences, Speyer and Senior Fellow, German Research Institute for Public Administration, Speyer, Germany

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.

‘The volume offers an accurate overview of the main issues in the use of tertiary sources of law, which makes it a recommended reading for researchers, practitioners and policymakers interested in interpreting the complexity of executive rulemaking by the Commission. The volume also reaches the additional goal of contributing to the broader understanding and characterisation of EU executive rulemaking powers. It thus valuably enriches and supports the development of EU administrative law scholarship in this area.’
欧洲-玛尔塔汽车审查an Administrative Law

‘The book is impressive due to the broad range of perspectives brought to bear on the topic. The reader will find doctrinal analyses of the topic as well as a more pragmatic, empirical examination of the legislative behaviour of Union institutions.’
– Pieter-Augustijn Van Malleghem, Common Market Law Review

‘Ever since the Lisbon Treaty introduced both delegated and implementing acts into the EU’s legal system, observers and practitioners alike have debated the nature and the implications of the choice between these different instruments. This authoritative book sheds light on the many intricacies of this “labyrinth”, making it a compelling read for anyone seeking a better understanding of delegated rule-making in the European Union.’
– Thomas Christiansen, Maastricht University, the Netherlands

‘The choice between delegated and implementing acts is one of the most important innovations brought by the Lisbon Treaty and still poses many complex constitutional questions. This book offers an insightful and provocative re-evaluation of these questions in their theoretical, jurisprudential and practical contexts; and it will, as such, be of great interest to all students of the Union’s executive law-making powers.’
– Robert Schütze, Durham University, UK and College of Europe, Bruges, Belgium

‘Articles 290 and 291 TFEU were designed to provide a clear framework for the EU’s subordinate legislation. Clarity, however, was lost between the Constitution for Europe and the Treaty of Lisbon. Tauschinsky and Weiß collected very thorough analyses to answer the manifold questions of differentiation between delegated and implementing legislation.’
– Matthias Ruffert, Humboldt-Universität zu Berlin, Germany