The European Parliament and delegated legislation : an institutional balance perspective / Merijn Chamon.

Format:

Book

Author/Creator:

Chamon, Merijn, author.

Series:

Parliamentary Democracy in Europe

Parliamentary Democracy in Europe.

Language:

English

Subjects (All):

European Union countries--Politics and government--21st century.

European Union countries.

European Parliament.

European Economic Community.

Delegated legislation--European Union countries.

Delegated legislation.

Physical Description:

1 online resource (208 pages).

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2022

Place of Publication:

London [England] : Hart Publishing, 2022

Summary:

"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."-- Provided by publisher.

Contents:

1. Introduction

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

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

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

IV. A Recalibrated Institutional Balance

4. The Exponential Multiplication of Delimitation Problems

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

II. Delimitation of Legislation and Delegation

III. Delimitation of Delegated and Implementing Acts

5. Delegated Power: Further Limits and Procedure

I. The Passive Personal Scope of Article 290 TFEU

II. Breaking Down the Specificity Requirement

III. Testing Specificity in Practice

IV. Procedural Limits to the Exercise of Delegated Powers

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

I. The Notion of Uniform Conditions

II. Reconceptualising Implementing Powers Post-Lisbon

III. Exceptional Implementation by the Council

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

V. The Comitology Procedures

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

II. General Data Protection Regulation

III. Data Governance Act

IV. Refining the Model

8. Conclusion

I. Looking Back

II. ... to Move Forward

Annex: Overview of Autonomous Executive Legal Bases

Index.

ISBN:

9781509931866

1509931864

9781509931873

1509931872

9781509931880

1509931880

OCLC:

1291222572