EU Decision-Making Procedures (II): Implementation and Delegation of Powers

18 important questions on EU Decision-Making Procedures (II): Implementation and Delegation of Powers

What does the comitology regulation 812/2011 holds?

which has like a menu of the available committees. It gives you a choice between two types of committees (advisory or examination)

Whatthings cant be delegated?

Essential things they can not be delegated, they need to be regulated by the legislator. What is essential? Those political choices that fall within the responsibility of the legislator.
fundamental rights being affected, that’s why I also gave that example. 77, they also refer to rights that interfere with sovereign rights of third countries, paragraph 76-77. You have some more indications, but it remains a difficult question

What can you do to take away the battle between the political institutions?

One way has been to try to bring the procedural consequences closer to each other and that can be done for example by giving the member states experts, who are very happy with comitology, by giving them also a say when the commission is preparing delegated acts.
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Who is accountable for the agencies?

the commission is politically responsible, is accountable, these agencies are rather a strange phenomenon. They are politically accountable towards their own management 105 Gedownload door Esmee De Koning (esmay100@gmail.com) lOMoARcPSD|5097417 board. For the rest is the commission responsible for the agencies? No, not more than the Parliament or the Council.

What is the inter-institutional agreement on lawmaking?

inter-institutional agreement that has been concluded between the three political institutions: commission, the European parliament and the Council, to replace an already existing inter-institutional agreement on better regulation, and now it’s called better law making. The main purpose of this inter-institutional agreement is to see how law making can be improved by having a better scientific basis by having better impact assessments,

What can be found in the inter-institutional agreement, about the parliament and council and an assesment impact?

you may have heard about impact assessments, so every time the commission comes up with a proposal it will do a whole study of the possible impact with different options.

What are the steps you follow to look at the duty for ms to implement?

Art.4 (3) teu
art.291 (1) TFEU

What are tw forms of legislative acts?

- implmentation is neccessary
- delegated powers

When are implmentation neccessary?

When a legislative act cant over see all criteria in a policy

When is a non legislative act invalid

When it conflicts with the act on the basis of which iy was adopted or lays down essential elements of a basic lehgal regime.

What can delegated acts no longer be considered since lissabon?

It is no longer an implementing act.

When can a act be implementated by the council?

In duty jutisified cases and CFSP cases.

Where is the commission been subjected to and what is this system called?

Subjected to control ms, proposed acts discussed by experts (committees) of ms. This is known as comitology.

What is a diffrence between delegation and implementation?

Delegation can only be laid down in a legislative act, implementing powers can be conffered by all legally binding union acts. So also acts not adopted according to the olp or special procedure.

What are the criteria set out in art.2 of the comitology regulation?

On what basis a committe procedure may be chosen.
examination: of general scope and relating to certain programss
advisory: deemed apprioperate.

Is the commission bound by advisory opnion?

No, but must take it in account, art.4

Is the commission bound by examination procedure?

The committe decides with QMV outcome dtermines the procedxure.

positive: commission shall adopt.
negative: not adopt but can amend and submit. To appeal commitee, art.5

When can the legislator delegate acts to an independent executive body?

The delegation needs to be precisly dlineated and amendable to judical review in the light of the objective established by the legislator.

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