Primacy of the European legislature: Delegated rule-making and the decline of the "transmission belt" theory
van Gestel,Rob
van Gestel,Rob
Abstract
According to some a primacy of parliament doctrine is emerging at the EU level in the post-Lisbon era strengthening the position of the EP in the legislative process and tightening the grip on delegated rule-making via the new regime of Article 290/291 TFEU. In reality, however, new problems with delegation have come up, which seem to bypass the normative framework of Article 290/291. It is unlikely that the legitimacy of new modes of delegation can be guaranteed through a ‘transmission belt theory’ in which primary EU legislation serves to transfer democratic legitimacy to the executive, to administrative agencies and to other delegated rule-makers, at the same time constraining their actions so that they advance legislative goals. More attention should be paid to public participation, transparency and judicial review of rules outsourced by the primary legislature.
Description
Date
2014
Journal Title
Journal ISSN
Volume Title
Publisher
Research Projects
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Journal Issue
Keywords
SDG 16 - Peace, Justice and Strong Institutions
Citation
van Gestel, R 2014, 'Primacy of the European legislature : Delegated rule-making and the decline of the "transmission belt" theory', The Theory and Practice of Legislation, pp. 33-59.