Delegation und Durchführung gemäß Art. 290 und 291 AEUV

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The transfer of legislative powers is also and in particular on the European level an often employed instrument to satisfy modern societies' craving for norms. Since the 1960's, the concept is known in Europe: The council empowers the Commission with the capacity to adopt »implementing acts« in the so called comitology procedure. The Lisbon treaty now introduces two different kinds of power transfer: Art. 290 TFEU provides for the possibility to delegate legislative power to the Commission, Art. 291 TFEU deals with the implementation of acts. Both provisions address different levels of relations. The delegation is relevant in a horizontal setting which is in particular emphasized by the caveat in Art. 290 AEUV stating that the basic act must contain the »essential elements« of an area. Art. 291 TFEU concerns on the contrary the vertical relationship of the EU to its member states. This study analyses the purpose and the background of delegating as well as of implementing acts and tries to establish a connection to the hierarchy of norms which seems to emerge within European secondary law.

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