The adoption of secondary legislation through comitology in the EU : some reflections on the regulation (EU) 182/2011 in comparison with the Pre-Lisbon Reform
Title: The adoption of secondary legislation through comitology in the EU : some reflections on the regulation (EU) 182/2011 in comparison with the Pre-Lisbon Reform
Author: CORONA, Daniela
Citation: The theory and practice of legislation, 2014, Vol. 2, No. 1, pp. 85-107
ISSN: 2050-8840; 2050-8859
The Lisbon Treaty reform provided an important innovation in the EU regulatory activity by differentiating between the legislative delegation (art. 290 TFEU) and the executive delegation (art. 291 TFEU). In so doing, the central role of the European Commission in the Comitology procedures as well as the power of the European Parliament and the Council to control its executive powers have been modified. The new 2011 Comitology Regulation aimed at creating a more intelligible and transparent committees' system where the EC is expected to act in a stricter framework. The paper argues that the new Regulation preserves the efficiency of the Comitology system; at the same time, however, it does not really improve the level of transparency and clarity in the way in which the committees' procedures works. Moreover, as the practice clearly shows, the EC continues to enjoy a broad discretion in the adoption of implementing acts.
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