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Edited Legal Collections Data |
Book Title: The Legislative Choice Between Delegated and Implementing Acts in EU Law
Editor(s): Tauschinsky, Eljalill; Weiß, Wolfgang
Publisher: Edward Elgar Publishing
ISBN: 9781788115223
Section Title: Preface and acknowledgements
Number of pages: 3
Extract:
Preface and acknowledgements This book is the result of the editors' frustration with the state of the debate on delegated and implementing acts. The construction of these two kinds of rule-making was originally thought to be a major innovation, as it certainly carried the potential to order and thus clarify Commission non-legislative rule-making. The division of areas of responsibility between EU institutions and the Member States promised a more structured and principled approach to Commission empowerment. However, academics have so far searched in vain for the order, structure and principle in the way that, not only the Commission, the European Parliament and Council, but also the Court, use the provisions of the Treaty in practice. This book was conceived as a more fine-grained search for this order and principle in different fields of EU law. The attempt was to take a theoretically neutral stance and to look for separating differences within the disbursed practice of the institutions. As no theory was able to convince as inductively explaining practice, we turned to a deductive approach. With this, we hope to have made a useful contribution in bringing the debate forward and to realising the potential of the Lisbon reform of administrative acts. We are very happy to have been supported and accompanied in this endeavour. Thus, our thinking was brought forward through interesting and insightful discussions with the contributors. We would also like to thank in particular those who were willing to act as referees for the ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2018/1175.html