Reference : Delegated and Implementing Rulemaking: Proceduralisation and Constitutional Different...
Scientific journals : Article
Law, criminology & political science : Public law
Law, criminology & political science : European & international law
Law / European Law
Delegated and Implementing Rulemaking: Proceduralisation and Constitutional Differentiation
Mendes, Joana mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
European Law Journal
Blackwell Publishing
Yes (verified by ORBilu)
[en] transparency ; participation ; elegated and implementing acts ; EU rulemaking
[en] The reform of non-legislative acts introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union was guided by concerns regarding the democratic legitimacy of (lato sensu) implementing acts of the Union. However, it has ignored the centrality of transparency in the Union's democracy and the role of participation as a complementary source of democracy. This article argues that the procedures leading to the adoption of delegated and implementing acts are subject to the treaties' provisions on transparency and participation, and should be shaped by them. It analyses the constitutional choices underlying Articles 290 and 291, with a view to assessing whether and to what extent the material, organic and functional profiles of delegated and implementing acts condition procedural rules on transparency and participation to be followed in their adoption.

File(s) associated to this reference

Fulltext file(s):

Open access
Mendes_2013.pdfAuthor preprint302.54 kBView/Open

Bookmark and Share SFX Query

All documents in ORBilu are protected by a user license.