Constitutionalising EU Executive Rule-Making Procedures: A Research Agenda

The existence or non-existence of procedural rules for executive rule-making
in the EU is not merely a ‘technical’ question free of constitutional value choices. This
article argues that constitutional principles, such as transparency, openness and participatory
democracy, highlighted by the Treaty of Lisbon constitute decisive normative
standards for the design of administrative procedures in the EU, with a considerable
impact on substantive outcomes. We apply such principles to executive rule-making
procedures in the EU, highlight the salience of this discussion and argue that systematisation
of executive rule-making procedures is needed in order to implement constitutional
principles in a complex and plural environment