Legislative Choice Between Delegated and Implementing Acts in EU Law

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

'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

• Contents:IntroductionEljalill Tauschinsky and Wolfgang Weiß1. Delegation versus Implementation: A deconstruction of the promise of the Lisbon TreatyAttila Vincze2. Competition between articles 290 and 291 TFEU: what are these two articles about?Dmitrij Zdobnõh3. The impact of the Better Regulation policy On EU delegated and implementing acts rule-makingFrançois Lafarge4. Lisbon Comitology and Tertiary Law – The example of food and farm lawJens Karsten5. Delegated and implementing acts in the regulation of pharmaceuticals – an analysis through the lens of subsidiaritySabrina Röttger-Wirtz6. EU Delegation of Powers in the Field of Financial Markets RegulationMatteo Ortino7. Beyond Delegated and Implementing Acts: Where do EU Agencies Fit in the Article 290 and 291 Scheme?Merijn Chamon8. The EU Commission’s administrative agreements: “Delegated treaty-making” in between delegated and implementing rule-makingAndrea OttInstead of Conclusions – More QuestionsEljalill Tauschinsky and Wolfgang WeißIndex