Tauschinsky, Eljalill; Weiβ, Wolfgang --- "Instead of conclusions – more questions" [2018] ELECD 1185; in Tauschinsky, Eljalill; Weiß, Wolfgang (eds), "The Legislative Choice Between Delegated and Implementing Acts in EU Law" (Edward Elgar Publishing, 2018) 233

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: Instead of conclusions – more questions

Author(s): Tauschinsky, Eljalill; Weiβ, Wolfgang

Number of pages: 18

Abstract/Description:

Articles 290 and 291 TFEU are notoriously hard to differentiate. However, there is some evidence that a separation on the basis of substantive regulation through delegated acts and procedural specifications by implementing acts is forthcoming. The substantive–procedural differentiation is not very clear cut, but it affords the institutions flexibility in answering new challenges while at the same time exerting some guiding force. This Conclusion describes the separation of delegated and implementing acts along the substantive–procedural differentiation but also points to problems ahead. Thus, constitutional ambiguity, an inappropriate reliance on pre-Lisbon doctrine and the lack of a common vision continue to plague the law on EU administrative rule-making. To find a way to fulfil the promise of simplification that is part of the Lisbon reform, the EU institutions will all need to take the procedural safeguards around delegated and implementing acts more seriously