Die Durchführung der Rechtsakte des europäischen Gesetzgebers durch die Europäische Kommission

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The transfer of legislative power is not only a well-known phenomenon in the EU Member States, it is also often, an employed instrument on the European level, especially in certain areas of Community policy, which require numerous regulations, often passed quickly to cope with changing market circumstances. Since the 1960's, the Council, through a »parent« regulation, has authorized the Commission to enact more specific regulations within a particular policy area. This type of power transfer was governed by Article 202 EC. However, the Commission did not possess carte blanche power to legislate in this manner. The Council made the adoption of implementing acts subject to institutional constraints, in the form of committees through which the interests of member states could be represented. This system came to be known as Comitology. The Lisbon Treaty now introduces two different kinds of power transfer: Article 290 TFEU provides for the possibility to delegate legislative power to the Commission, whereas Article 291 TFEU deals with the implementation of executive and respectively administrative acts. The system of delegated acts does not foresee any Comitology committees - they have been abolished and replaced by the legislators' extended powers of veto and revocation. The continuance of Comitology is solely envisaged in Article 291 TFEU. Therefore, the post Lisbon world now requires distinguishing between delegated and implementing acts, since very different control mechanisms apply to each type of act. This study analyses the purpose and the background of delegating and implementing acts. It further examines the possibilities of legal protection in the EU against new types of delegated and implementing acts.