Vincze, Attila --- "Delegation versus implementation: a deconstruction of the promise of the Lisbon Treaty" [2018] ELECD 1177; in Tauschinsky, Eljalill; Weiß, Wolfgang (eds), "The Legislative Choice Between Delegated and Implementing Acts in EU Law" (Edward Elgar Publishing, 2018) 19

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: Chapter 1

Section Title: Delegation versus implementation: a deconstruction of the promise of the Lisbon Treaty

Author(s): Vincze, Attila

Number of pages: 23

Abstract/Description:

The Lisbon Treaty was believed to make a clear distinction between different forms of tertiary legislation. Therefore, it was a disappointment for many as the ECJ recognized a wide legislative discretionary choice between implementation and delegation. Many criteria were proposed to make a “waterproof” distinction between legislation and delegation: grammatical, scope of distinction or structural. After verifying the validity of these suggested criteria, it will be shown that there is no homogeneous concept of delegating legislative powers in Europe, and the whole debate around the distinction between implementation and delegation is rather a symptom of the shaky position of the Commission as to whether it is a political or a technocratic body.