Zdobnõh, Dmitri --- "Competition between articles 290 and 291 TFEU: what are these two articles about?" [2018] ELECD 1178; in Tauschinsky, Eljalill; Weiß, Wolfgang (eds), "The Legislative Choice Between Delegated and Implementing Acts in EU Law" (Edward Elgar Publishing, 2018) 42

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 2

Section Title: Competition between articles 290 and 291 TFEU: what are these two articles about?

Author(s): Zdobnõh, Dmitri

Number of pages: 23

Abstract/Description:

What are articles 290 and 291 TFEU about? This chapter offers an answer to that question by analysing the case law of the CJEU. Based on that case law it is suggested that articles 290 and 291 TFEU are not about power of the Commission or about acts at all. Instead, they are default catalogues of mechanisms for control over the exercise of the power granted (by the EU legislator to the Commission or the Council). Creation of other such mechanisms is, however, possible. Importantly, neither of the two articles sets forth any type of power or any type of act.