Contribution in an anthology

Appeared in: Rulemaking by the European Commission. The new system for delegation of powers

Editor list: Bergström, Carl Fredrik; Ritleng, Dominique

Publication year: 2016

Pages: 157-171

ISBN: 978-0-19-870323-5

eISBN: 978-0-19-177253-5

DOI Link: https://doi.org/10.1093/acprof:oso/9780198703235.003.0008

Abstract: 

According to a widespread assumption, the Treaty of Lisbon has established a three-tiered hierarchy between legislative, delegated, and implementing acts. This contribution challenges this view, arguing that only incomplete and partial hierarchies between different categories of acts adopted by the EU institutions exist. In particular, the distinction between delegated and implementing acts (Articles 290, 291 TFEU) constitutes a horizontal, rather than a vertical divide, placed at the same level of the hierarchy of norms. These two types of rulemaking powers are not mutually exclusive, given that the Treaty provides for a substantial overlap of their respective definitions. Delegated and implementing acts have essentially the same legal force, including the capacity to supplement or amend their basic act if the latter so provides, as explicitly foreseen in Article 290(1) TFEU. Accordingly, the choice between the two forms of Commission rulemaking is largely at the discretion of the EU legislature.

Harvard Citation style: Bast, J. (2016) Is There a Hierarchy of Legislative, Delegated and Implementing Acts?, in Bergström, C. and Ritleng, D. (eds.) Rulemaking by the European Commission. The new system for delegation of powers. Oxford: Oxford University Press, pp. 157-171. https://doi.org/10.1093/acprof:oso/9780198703235.003.0008

APA Citation style: Bast, J. (2016). Is There a Hierarchy of Legislative, Delegated and Implementing Acts?. In Bergström, C., & Ritleng, D. (Eds.), Rulemaking by the European Commission. The new system for delegation of powers (pp. 157-171). Oxford University Press. https://doi.org/10.1093/acprof:oso/9780198703235.003.0008