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Administrative Law and Policy of the European Union$
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Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. Türk

Print publication date: 2011

Print ISBN-13: 9780199286485

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199286485.001.0001

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Delegation and the European Union Constitutional Framework

Delegation and the European Union Constitutional Framework

Chapter:
(p.222) 8 Delegation and the European Union Constitutional Framework
Source:
Administrative Law and Policy of the European Union
Author(s):

Herwig C.H. Hofmann

Gerard C. Rowe

Alexander H. TÜrk

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199286485.003.0008

This chapter examines the concept of delegation in EU administrative law. It begins with the legal issues relating to the constitutional framework of delegation to EU institutions under the EC Treaty before discussing the new constitutional framework established by the Lisbon Treaty of delegated and implementing acts under Articles 290 and 291 of the Treaty on the Functioning of the European Union. It examines the increasingly important delegation of powers to European agencies in the light of the continuing relevance of the Meroni doctrine. It then turns to an assessment of the entrusting of EU powers to the Member States and gives consideration to the constitutionally challenging involvement of private bodies in the implementation of EU policies. It provides an account of the specific issues concerning delegations in respect of financial matters. It concludes with a consideration of the legal issues relating to intra-institutional delegation, in particular within the Commission.

Keywords:   EU administrative law, constitutional framework, EC Treaty, Lisbon Treaty, Meroni doctrine, delegation of powers, European Union

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