Delegation is a Matter of Confidence: The New EU Delegation System Under the Treaty of Lisbon

22 Pages Posted: 10 Aug 2010 Last revised: 14 Jan 2014

See all articles by Wim J. M. Voermans

Wim J. M. Voermans

Leiden University - Leiden Law School

Date Written: May 10, 2011

Abstract

This contribution discusses the new delegation system of the Treaty of Lisbon (Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU)) and the current debate between the EU institutions on the control over delegated legislation and on the future of comitology. The European Parliament (EP) opposes the strategy of the European Commission to involve the Council in some way or in some respect in delegated legislation other than via the mechanism that the Lisbon Treaty provides. Parliament wants comitology to end once and for all, or so it seems. Whether or not they are able to make the Commission and Council change course remains to be seen. By way of a preliminary conclusion, the contribution argues that – whatever the outcome of the current debate – delegation relies and needs to rely on confidence between the delegating authority and the delegate.

Keywords: European Union, Lisbon Treaty, Delegation, Comitology, EU Legislative Procedure, Primacy of Legislature, Implementation of EU Legislation, Lamfalussy Procedure, Article 290 TFEU, Article 291 TFEU

JEL Classification: K10, K30, K40

Suggested Citation

Voermans, Wim, Delegation is a Matter of Confidence: The New EU Delegation System Under the Treaty of Lisbon (May 10, 2011). European Public Law, Vol. 17, No. 2, 2011, Available at SSRN: https://ssrn.com/abstract=1656368

Wim Voermans (Contact Author)

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

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