Suchergebnisse

On paper, the Lisbon Treaty radically changed the way in which EU law is implemented by defining a new institutional balance in Articles 290 and 291 TFEU, bringing decision-making in this area more in line with the traditional Community method. However, the real reform brought by the Lisbon Treaty depends on how the political institutions and the Courts interpret and apply the new Treaty rules. An analysis of seven years of post-Lisbon institutional practice and case law shows that in reality the institutions have largely undone Lisbon's reform, meaning that the post-Lisbon institutional balance in this area largely resembles the pre-Lisbon one and that decision-making in this area fails to align with the Community method ideal type.

On 18 of March 2014, the Court of Justice delivered its judgment in the European Chemicals Agency (ECHA) fees case,1 the first case dealing with the problematic distinction, in practice, between delegated acts under Article 290 Treaty on the Functioning of the European Union (TFEU) and implementing acts under Article 291 TFEU. The significance of this case should be searched for in the fundamental changes brought to the hierarchy of norms and the EU's revamped arsenal of acts after the Lisbon Treaty. These changes will first be recalled before presenting the case itself.

On 18 of March 2014 the Court of Justice delivered its judgment in the European Chemicals Agency (ECHA) fees case, the first case dealing with the problematic distinction, in practice, between delegated acts under Article 290 Treaty on the Functioning of the European Union (TFEU) and implementing acts under Article 291 TFEU. The significance of this case should be searched for in the fundamental changes brought to the hierarchy of norms and the EU's revamped arsenal of acts after the Lisbon Treaty. These changes will first be recalled before presenting the case itself.

Before the Treaty of Lisbon, EU agencies were unknown in the EU's primary law defined procedural law. Today, following (i) the Treaty's entry into force, (ii) the Common Approach on Decentralised Agencies and (iii) the European Court of Justice's ruling in Short–selling it is interesting to take a look at the peculiar position of EU agencies under the EU's primary and secondary law defined procedural law.