‘Delegated’ Legislation in the (New) European Union: A Constitutional Analysis

  title={‘Delegated’ Legislation in the (New) European Union: A Constitutional Analysis},
  author={Robert Schutze},
  journal={ERN: Political Economy (Topic)},
  • R. Schutze
  • Published 1 September 2011
  • Law, Political Science
  • ERN: Political Economy (Topic)
This article brings classic constitutionalism to an analysis of delegated legislation in the European Union. To facilitate such a constitutional analysis, it starts with a comparative excursion introducing the judicial and political safeguards on executive legislation in American constitutionalism. In the European legal order, similar constitutional safeguards emerged in the last fifty years. First, the Court of Justice developed judicial safeguards in the form of a European non‐delegation… 
3 Citations

Delegation to treaty bodies in EU agreements: constitutional constraints and proposals for strengthening the European Parliament

  • W. Weiss
  • Political Science, Law
    European Constitutional Law Review
  • 2018
EU Free Trade Agreements joint organs – Comprehensive powers beyond executive implementation – Democratic legitimacy concerns – Establishment of treaty bodies in CETA as a conferral of public powers

The ECB as Agent or Trustee in Light of the ESM?

Traditionally delegation theories justify the powers of non-majoritarian institutions, such as the European Central Bank (ECB). In this vein, this paper presents first a gliding scale of delegation


  • R. E. Tauschinsky
  • A Fiduciary Approach to Delegated and Implementing Rule-Making in the EU
  • 2019



This model has some vitality as a descriptive theory

    Sub-paragraph (b) enumerates, inter alia, the common agricultural and ¢sheries policies and the common commercial policy

      But see also: Case C-240/90 Germany v Commission [1992] ECR I-5383

      • 1988

      Introduction: Pouvoir Le Ł gislatif et Pouvoir Exe Ł cutif Dans L'Union Europe Ł enne

      • Principles of European Constitutional Law
      • 2007

      Germany v Commission ibid at

        On the various control models for administrative acts, see the brilliant analysis by

          Case 22/88 Industrie-en HandelsondernemingVreugdenhil BVand Gijs van der Kolk^Douane Expediteur BV v Minister van Landbouw enVisserij

          • 1989

          This constitutional rule has exceptions