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Technical Regulatory Standards & the EU‘s institutional balance of power

Technical Regulatory Standards & the EU‘s institutional balance of power. Conference on the Lisbon Comitology in Practice - Is there a common understanding after the „Common Understanding“ ?. Constantin Fabricius Adviser on European Policy. fabricius@pfandbrief.de.

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Technical Regulatory Standards & the EU‘s institutional balance of power

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  1. Technical Regulatory Standards & theEU‘sinstitutionalbalanceof power Conference on the Lisbon Comitology in Practice - Is there a common understanding after the „Common Understanding“ ? Constantin Fabricius Adviser on European Policy

  2. fabricius@pfandbrief.de

  3. Statement in relation to Articles 290 and 291 TFEU “As regards the process for the adoption of regulatory standards, the Commission emphasises the unique character of the financial services sector, following from the Lamfalussy structure and explicitly recognised in Declaration 39 to the TFEU. However, the Commission has serious doubts whether the restrictions on its role when adopting delegated acts and implementing measures are in line with articles 290 and 291 TFEU.” Art. 10 EBA-/ESMA-/EIOPA-regulation

  4. Art. 10 EBA-/ESMA-/EIOPA-regulation toconsult tocoordinate Obligation… topresent proposals & drafts

  5. Article 290 TFEU • A legislative act may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act. The objectives, content, scope and duration of the delegation of power shall be explicitly defined in the legislative acts. The essential elements of an area shall be reserved for the legislative act and accordingly shall not be the subject of a delegation of power. • Legislative acts shall explicitly lay down the conditions to which the delegation is subject; these conditions may be as follows: • the European Parliament or the Council may decide to revoke the delegation; • the delegated act may enter into force only if no objection has been expressed by the European Parliament or the Council within a period set by the legislative act. • For the purposes of (a) and (b), the European Parliament shall act by a majority of its component members, and the Council by a qualified majority. • The adjective ‘delegated’ shall be inserted in the title of delegated acts.

  6. Legislative act Proposal Preparation Adoption

  7. Delegated act Proposal Preparation Adoption

  8. Preparation of the delegated act Strategic decisions Discretionary power implies inter alia Policychoices

  9. Preparation of the delegated act Presenting proposals & drafts contravene Discretionarypower Obligation toconsult Coordination

  10. Result Flaw of the EU‘s institutional balance of power

  11. - Thankyouverymuch -

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