Primacy of the European legislature: Delegated rule-making and the decline of the "transmission belt" theory

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4 Citations (Scopus)

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.
Original languageEnglish
Pages (from-to)33-59
Number of pages27
JournalThe Theory and Practice of Legislation
Publication statusPublished - 2014

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