Treaty of Lisbon, legislative act, European Union, Parliament, Council, legislative procedure, delegated acts, implementing acts, separation of powers
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Abstract
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Abstract
The Treaty of Lisbon defines the legislative act and distinguishes it from non-legislative acts, placing the Parliament and Council at the heart of the legislative process.
Extract
[...] The legislative body is therefore complex and multiple. If the Parliament and the Council intervene mainly at the stage of drafting legislative texts, other institutions and bodies intervene upstream in terms of initiative and impetus and downstream in terms of control. In other words, the legislative function is fragmented. The legislative act of the Union is more the result of a decisional collaboration between a plurality of bodies. -Upstream, the Commission is a partial legislative organ in that it always holds a monopoly on initiative (art. [...]
[...] But it was truly with the Treaty of Lisbon that the evolution will be formalized. -The legislative act is taken either by the ordinary legislative procedure of co-decision (Article 289 § 1 TFEU), which is extended to a significant number of matters, or by a special legislative procedure (Article 289 § 2 TFEU). In the first case, the joint adoption of legal acts by the Parliament and the Council draws a bicameral parliamentary body where the Parliament would be the lower chamber as the representative of the people and the Council, the upper chamber defending the interests of the member states, similar to the legislator of a federal state. [...]
[...] Twenty years later, the question is still being asked about the identification of the Union's legislator. It says a lot about the idea of transposing the notion of legislator to the European Union is not neutral. In fact, at its birth, the European construction being essentially of an economic nature, neither the Paris Treaty nor the Rome Treaty referred to the notion of legislator or that of legislative act. And for good reason, traditionally the traditional framework of their development remains the State. [...]
[...] Commission of 27 October 1992). In addition, the delegated act must be based on a legislative act (Article 290(1) TFEU) and only cover the « non-essential elements of this. It may not concern provisions relevant « of political choices » of the legislator (CJEU, European Parliament v. Council of 5 September 2012, C-355/10), nor substantially modify a basic act. -The jurisprudence has very early come to prohibit any discretionary delegation of power to an organ established directly by the institutions to preserve the institutional balance. [...]
[...] Since the Treaty of Lisbon, One cannot deny the will of the drafters to anchor the idea of constitutionalizing the Union. But, despite the definition of a legislative act and the predominance given to the Parliament-Council couple, it remains that not going to the end of the constitutional logic undertaken results in a complex figure of the Union's legislator. II. The legislator of the Union, a plural figure In reality, it is vain to search for a single legislator within the Union. [...]
