Law and Practices of Delegated Rulemaking by the European Commission: (22 Nijhoff Studies in European Union Law)

This book examines the law and practice of the delegation of rulemaking powers to the European Commission. It combines legal doctrine with empirical research methods to bridge the gap between “law on the books” and “law in action” to fully appreciate the meaning and the impact of the changes post-Lisbon. The results of the empirical case study provide food for thought on how the current legal framework regime for delegated rulemaking by the European Commission could be improved. The findings seek to contribute to the academic and policy debates on this research topic that is likely to continue in forthcoming years.

Table of Contents:
Acknowledgments List of Tables Abbreviations 1 Introduction  1 Context  2 Setting the Scene  2.1 Delegation of Rulemaking Powers to the European Commission Before Lisbon  2.2 The Changes Introduced by the Lisbon Treaty  3 Research Questions  4 Research Method  5 Research Delimitations  6 Research Structure 2 Delegated Rulemaking by the European Commission from Rome to Lisbon  1 Introduction  2 Delegation of Rulemaking Powers to the European Commission  2.1 The Scope and Limits for Delegation  2.2 The Legal Conditions for Delegation  3 The Birth and the Development of Comitology  3.1 The First Comitology Decision Following the Single European Act  3.2 The Maastricht Treaty and the Modus Vivendi  3.3 The Second Comitology Decision  3.4 The Background to the Third Comitology Decision  3.4.1 The Lamfalussy Arrangements  3.4.2 The White Paper on European Governance  3.4.3 The Constitution for Europe  3.5 The Third Comitology Decision  4 Conclusion 3 Delegated Rulemaking by the European Commission Post-Lisbon  1 Introduction  2 The Law-Making within the Union  2.1 Legislative Acts  2.2 Non-legislative Acts  2.2.1 Delegated Acts  2.2.1.1 Limits for Delegation  2.2.1.2 Conditions for Delegation  2.2.1.3 Expert Groups  2.2.2 Implementing Acts  2.2.2.1 The Comitology Regulation  2.2.2.2 The rps Alignment Post-Lisbon  2.2.2.3 Amending the Comitology Regulation  3 The Choice of Delegated Acts and Implementing Acts in EU law  3.1 The Academic Debate  3.2 The Institutional Debate  3.3 The Established Jurisprudence  4 Conclusion 4 Delegated Rulemaking by the European Commission in Practice  1 Introduction  2 Empirical Data in EU law  2.1 Overview of rps Measures, Implementing and Delegated Acts  2.2 Overview of Objections to rps Measures, Implementing and Delegated Acts by the Council  2.3 Overview of Objections of Delegated Acts by the European Parliament  3 Discussion  4 The Choice of Legislative Acts, Delegated and Implementing Acts in Food and Health Matters  4.1 Regulation On the Provision of Food Information to Consumers in the EU  4.1.1 Context  4.1.2 Positions of the Union Institutions  4.1.2.1 The List of Mandatory Food Information  4.1.2.2 Availability and Placement of Mandatory Food Information  4.1.2.3 Presentation of Mandatory Food Information  4.1.2.4 Instructions for the Use of a Food  4.1.2.5 Labelling of the Nutrition Declaration of a Food  4.1.2.6 Assessment  4.2 Regulation on Foods Intended for Vulnerable Consumers in the EU  4.2.1 Context  4.2.2 Positions of the Union Institutions  4.2.2.1 Establishment and Update a Union List of Food Substances  4.2.2.2 Amendments of Food Definitions  4.2.2.3 Assessment  4.3 Regulation for the Non-commercial Movement of Pet Animals from Non-EU Countries  4.3.1 General Context  4.3.2 Positions of the Union Institutions  4.3.2.1 Establishment of a Union List of Territories and Third Countries  4.3.2.2 Conditions to Authorise the Non-commercial Movement of Pets from Non-EU Countries into and within the Union  4.3.2.3 Assessment  4.4 Animal Health Law  4.4.1 Context  4.4.2 Positions of the Union Institutions  4.4.2.1 Listed Animal Diseases, Emerging Diseases, Species, and Categorisation of Listed Diseases  4.4.2.2 Eradication Programmes for Animal Diseases  4.4.2.3 Identification and Registration of Kept Terrestrial Animals  4.4.2.4 Union Disease Notifications  4.4.2.5 Assessment  4.5 Directive for the Approximation of National Laws on the Manufacture, Presentation, and Sale of Tobacco Products in the EU  4.5.1 Context  4.5.2 Positions of the Union Institutions  4.5.2.1 Maximum Emission Levels from Cigarettes  4.5.2.2 Measurement Methods  4.5.2.3 Regulation of Ingredients and Emissions  4.5.2.4 General Warnings on Tobacco Products for Smoking  4.5.2.5 Combined Health Warnings for Tobacco Products for Smoking  4.5.2.6 Labelling of Tobacco for Smoking Other than Cigarettes, Roll-Your-Own Tobacco and Waterpipe Tobacco  4.5.2.7 Appearance of Unit Packets  4.5.2.8 Traceability and Security Features  4.5.2.9 Nicotine-Containing Products  4.5.3 Assessment  4.6 Directive on the Application of Patients’ Rights in Cross-Border Healthcare in the EU  4.6.1 Context  4.6.2 Positions of the Union Institutions  4.6.2.1 Hospital and Specialised Care  4.6.2.2 Recognition of Medical Prescriptions, e-Health, Cooperation on Health Technology Assessment  4.6.2.3 European Reference Networks  4.6.2.4 Assessment  5 The Oversight of Delegated Rulemaking in Food and Health Matters  5.1 Empirical Data  5.1.1 Overview of rps Measures, Delegated and Implementing Acts  5.1.2 Oversight of rps Measures, Delegated and Implementing Acts by the European and the Council of the EU  5.1.3 Early Non-objections and Extensions of Deadlines for Delegated Acts by the European Parliament  5.2 The Practice of Oversight of Delegated and Implementing Acts  5.2.1 Oversight by the Council of the EU  5.2.2 Oversight by the European Parliament  5.2.2.1 Engineered Nanomaterials for Food Labelling  5.2.2.2 Composition and Labelling Requirements for Processed Cereal-Based Food and Baby Food  5.2.2.3 Labelling the Country of Origin or Place of Provenance for Meats  6 Discussion and Conclusion 5 Conclusions  1 Introduction  2 Legislation and Delegation to the European Commission Pre-Lisbon  3 Legislation and Delegation to the European Commission Post-Lisbon  3.1 The Union Legal Order  3.2 Legislative and Non-legislative Acts in EU Law  3.3 Delegated and Implementing Acts in EU Law  4 Delegated Rulemaking by the European Commission in Practice  4.1 Empirical Data  4.2 The Choice of Legislative Acts, Delegated and Implementing Acts  5 Concluding Reflections  6 Outlook Appendix Bibliography Index

About the Author :
Zamira Xhaferri, PhD., (2020, Maastricht University) is a Lecturer in European Law at the department of European studies at the University of Amsterdam. Zamira is also a research member at the Amsterdam School for Regional, Transnational and European Studies of the Faculty of Humanities at Amsterdam University.