Assistant Professor, University of Amsterdam. I am very grateful to Eljalill Tauschinsky and to Thomas Christiansen for valuable comments.
Delegated and Implementing Rule Making: Proceduralisation and Constitutional Design
Version of Record online: 21 DEC 2012
© 2013 Blackwell Publishing Ltd
European Law Journal
Volume 19, Issue 1, pages 22–41, January 2013
How to Cite
Mendes, J. (2013), Delegated and Implementing Rule Making: Proceduralisation and Constitutional Design. European Law Journal, 19: 22–41. doi: 10.1111/eulj.12011
- Issue online: 21 DEC 2012
- Version of Record online: 21 DEC 2012
- Manuscript Accepted: OCT 2012
- Manuscript Received: SEP 2012
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.