The European Parliament and Delegated Legislation: An Institutional Balance Perspective

The book explores whether the European Parliament's formal reinforced role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It assesses how the law and practice of decision-making at the legislative level and the sub-legislative level have crystallized in the ten years following the entry into force of the Lisbon Treaty.

Format: Hardback
Length: 232 pages
Publication date: 03 November 2022
Publisher: Bloomsbury Publishing PLC

This book delves into the promise of further parliamentarization within the EU by examining the Treaty-law framework governing the delegation of legislative power in the EU. In this realm, the Lisbon Treaty has notably bolstered the position of the European Parliament concerning both the European Commission and the Council. The book explores whether the formal reinforcement of the Parliament's role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It accomplishes this by assessing how the law and practice of decision-making at the legislative level, through the examination of specific case studies, and at the sub-legislative level, by analyzing the scrutiny over delegated legislation, have evolved in the ten years following the entry into force of the Lisbon Treaty. This comprehensive study provides a fascinating insight into one of the most significant developments in European parliamentary law-making, making it a must-read for EU constitutional lawyers.

Introduction:
The Treaty of Lisbon, signed in 2007, aimed to enhance the role of the European Parliament (EP) in the EU's decision-making process. The treaty introduced significant changes to the EU's institutional framework, including the delegation of legislative power to the EP. This delegation allows the EP to participate in the legislative process and have a say in shaping EU legislation.

The Treaty-law Framework Governing Delegation of Legislative Power:
The Lisbon Treaty established a comprehensive legal framework for the delegation of legislative power. It defines the criteria and procedures that must be followed when delegating legislative power to the EP. The treaty also sets out the powers and responsibilities of the EP in the legislative process, including the right to initiate legislation, participate in committee meetings, and vote on final legislation.

The Strengthening of the European Parliament's Position:
The Lisbon Treaty has significantly strengthened the position of the EP vis-à-vis both the European Commission and the Council. Before the treaty, the EP had limited influence on the legislative process, with the Commission often having the final say. However, the treaty has given the EP more power and influence, including the right to propose amendments to Commission proposals and to veto Commission decisions.

The Actual Balance of Powers in Delegated Legislation and Executive Rule-making:
The book explores whether the formal reinforcement of the Parliament's role is reflected in the actual balance of powers in the area of delegated legislation and executive rule-making. It assesses how the law and practice of decision-making at the legislative level, including the scrutiny over delegated legislation, have crystallized in the ten years following the entry into force of the Lisbon Treaty.

Case Studies:
The book includes several case studies that illustrate the impact of the Lisbon Treaty on the delegation of legislative power. These case studies cover a range of areas, such as environmental regulation, financial services, and social policy. The case studies provide valuable insights into how the EP has exercised its powers and responsibilities in the legislative process and how it has interacted with other EU institutions.

Conclusion:
In conclusion, this book provides a comprehensive and insightful analysis of the Treaty of Lisbon's promise to further parliamentarize the EU's functioning. It explores whether the formal reinforcement of the Parliament's role is reflected in the actual balance of powers in the area of delegated legislation and executive rule. The book's rigorous study offers valuable insights into one of the most significant developments in European parliamentary law-making, making it a must-read for EU constitutional lawyers and scholars of EU law.

Weight: 568g
Dimension: 176 x 252 x 20 (mm)
ISBN-13: 9781509931859