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Defining delegation powers : from state-based models to an EU notion -- Delegations of power in the EU : development, powers and features -- Limiting the delegation of powers : the Delegating Act -- Limiting the delegation of powers : the procedures -- The acts of the delegate and their judicial review -- Conclusion.

"The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies"--

The creation and empowerment of European Union (EU) agencies constitutes one of the most momentous developments of the EU composite administration. In the last decades, the delegation of powers to EU agencies grew exponentially both in quantitative and qualitative terms. As a result of this evolution and of the more permissive position of the Court of Justice of the EU in the Short selling judgment, EU agencies today are called upon to make relevant political, economic and social choices even in highly sensitive and contentious domains. The possibility to challenge their acts has been finally sanctioned in primary law. The exercise of their powers, however, is subject only to a limited scrutiny by the Court, which has recognized broad discretion to these bodies in carrying out complex and technical assessments. Analysing the approach of the Court to the review of European Chemical Agency's (ECHA) discretion, this paper reflects upon its effectiveness and its implications for the accountability and legitimacy of agencies within the EU institutional framework.

The research analyses the delegation of powers in EU law, conceptualizing the notion and reflecting on the democratic principles, which limit this legal mechanism in the EU legal system. In particular, it recognises a delegation of powers not only in the adoption of delegated acts pursuant to Article 290 TFEU, but also in the transferral of powers to the European Commission pursuant to Article 291 TFEU, the Council of the EU, the ECB, and to EU agencies. The research identifies, beyond the peculiarities of each delegation system, common principles and dynamics, which show how the delegation of powers must abide by a coherent legal framework horizontally applicable to the different forms of delegation. The analysis, however, reveals a number of issues and a certain patchiness in its actual enforcement, shedding light on the blind spots in the democratic control of these phenomena and on the controversial tendencies emerging in practice. Therefore, the thesis ends with some recommendations for strengthening the existing legal framework to fully safeguard the respect of the rule of law and the institutional balance in the EU legal system.

AbstractStakeholder participation is an important tenet for European Union (EU) policymaking and it can be approached from different disciplinary angles. The legal literature tends to refer to participation as a formal consultative opportunity in regulatory processes, resulting in rather homogeneous institutional arrangements for participation across policy fields and different sets of problems. Sustainability science, on the other hand, starts from the understanding of a problem in its complexity and peculiarities as a driving force determining both the rationale behind and the design of each participatory process. In this paper, we explore lessons regarding participation that could be derived from adopting an approach in which we combine insights from law and sustainability science. Along four principles, we explore potential leverage points for improving the sustainability of EU decision-making processes and their outcomes.

All EU agencies which have the power to adopt binding decisions share one feature: an organisationally separate administrative review body, i.e. a board of appeal. This title presents a series of case studies covering all the EU boards of appeal in existence, to explore how they function, the kind of reviews they offer, and the issues they raise.