The research analyses the delegation of powers in EU law, conceptualizing the notion and reflecting on the democratic principles, which limit this legal mechanism in the EU legal system. In particular, it recognises a delegation of powers not only in the adoption of delegated acts pursuant to Article 290 TFEU, but also in the transferral of powers to the European Commission pursuant to Article 291 TFEU, the Council of the EU, the ECB, and to EU agencies. The research identifies, beyond the peculiarities of each delegation system, common principles and dynamics, which show how the delegation of powers must abide by a coherent legal framework horizontally applicable to the different forms of delegation. The analysis, however, reveals a number of issues and a certain patchiness in its actual enforcement, shedding light on the blind spots in the democratic control of these phenomena and on the controversial tendencies emerging in practice. Therefore, the thesis ends with some recommendations for strengthening the existing legal framework to fully safeguard the respect of the rule of law and the institutional balance in the EU legal system.
|Award date||9 Nov 2018|
|Place of Publication||Maastricht|
|Publication status||Published - 2018|
- delegated acts
- implementing acts
- EU agencies
- institutional balance