TY  - CHAP
U1  - Buchbeitrag
A1  - Tauschinsky, Eljalill
A1  - Weiss, Wolfgang
ED  - Tauschinsky, Eljalill
ED  - Weiss, Wolfgang
T1  - Instead of Conclusions - More Questions
T2  - The Legislative Choice between Delegated and Implementing Acts in EU Law: Walking a Labyrinth
N2  - Arts. 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.
KW  - Europäische Union
KW  - Verwaltungsrecht
KW  - EU
KW  - delegated acts
KW  - implementing acts
KW  - differentiation
Y1  - 2018
SN  - 978-1-78811-522-3
SB  - 978-1-78811-522-3
SP  - 233
EP  - 250
PB  - Edward Elgar Publishing
CY  - Cheltenham
ER  -