P4; CH3: Third-tier legal acts

Question 1

How are Non-legislative acts divided?

Answer 1

• Delegated acts (Quasi-legislative)
• Implementing acts

Question 2

What’s the scope of Delegated and Implementing acts?

Answer 2

They serve and make secondary law and international agreements operative

Question 3

What is hierarchically more powerful between implementing and delegated acts?

Answer 3

Delegated acts

Question 4

What is a delegated act?

Answer 4

290 TFEU
A Delegated act is an act that can be conferred upon the Commission in order to supplement the legislation in NON-ESSENTIAL elements.

They MUST address an indistinct group of persons

It help the legislator since help this focusing on the essential element

Question 5

What happens if a delegated act is unlimited in its conditions?

Answer 5

It’s a violation of primary norms

Question 6

What’a the Mechanism of Prior Objection?

Answer 6

Its a mechanism that concerns the proposal of a delegated act.

When the Commission proposes a delegated act, the Council must vote. If the majority of the Council votes against BUT there’s a blocking minority (inverse QM) the proposal cant be rejected.

It aims at facilitating Commission’s intervention

Question 7

What’s a NON ESSENTIAL element in delegated acts?

Answer 7

It has to be verified casistically and in relaton to the measure adopted.

Not just the annex, as some say.

Question 8

Who has implementing powers in the EU?

Answer 8

291 TFEU
+ MS residually, COUNCIL exceptionally, COMMISSION mainly
+ EP and COUNCIL have to adopt the COMITOLOGY
+ When COMMISSION implements, MS have supervisory functions
+ When COUNCIL implements, no need for a supervisor function (shared between ep, commission and individuals)

Generally, the executive power in the EU is CENTRALIZED (Commission) for uniform applications and DECENTRALIZED/INDIRECT (National govs.) when not needed

Question 9

When does the Commission have the power to implement?

Answer 9

When UNIFORM CONDITIONS OF IMPLEMENTATION ARE NEEDED

Granted case-by-case

Question 10

When does the Council have the power to implement?

Answer 10

Only in specific cases (such as CFSP matters)

Question 11

What conditions does the Commission have to follow when implementing the act?

Answer 11

1) Must respect the general objectives of the basic act
2) Must adopt the implementing act only
3) May not amend the basic act

Question 12

Differences between DELEGATED and IMPLEMENTING acts

Answer 12

1) EP prefers delegated acts because has a control over the Commission, while COMM. and COUNCIL prefer implementing acts because they enjoy more flexibility
2) towards specific individuals can only be an IMPLEMENTING act
3) other minors

Question 13

What are COMITOLOGY PROCEDURES?

Answer 13

Comitology procedures are forms of control exercised over the Commission by national authorities, created by EP and COUNCIL after the Lisbon Reform

• Committee of representatives of MS chaired by the Commission
• DROIT DE REGARD of the EP and COUNCIL to bind the Commission to review the act
• When the Commission acts solely has to go through Consultation procedure (1) with the Committee and then the Examination procedure (2)