DELEGATED ACTS AND IMPLEMENTING ACTS – NEW LEGAL ACTS OF THE EUROPEAN UNION

The Lisbon Treaty has introduced a new generic title – “legal acts” referring to the secondary European Union Law acts (art. 288-289 TFEU), compulsory or not, but also to the new delegated acts and implementing acts. These new acts could be adopted by the European Commission which generally has the...

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Main Author: Oana-Mihaela SALOMIA
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2017-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=03_public_law%2F&download=CKS_2017_public_law_031.pdf
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author Oana-Mihaela SALOMIA
author_facet Oana-Mihaela SALOMIA
author_sort Oana-Mihaela SALOMIA
collection DOAJ
description The Lisbon Treaty has introduced a new generic title – “legal acts” referring to the secondary European Union Law acts (art. 288-289 TFEU), compulsory or not, but also to the new delegated acts and implementing acts. These new acts could be adopted by the European Commission which generally has the legislative initiative power and, in special cases, by the Council, in accordance with the art. 290 TFEU and art. 291 TFEU. It is obvious that new competences are allowed to the European Commission which is in charge with the application and protection of the European Union law on the basis of the art. 17 TEU; the power of the Commission to adopt compulsory acts, even that they are not legislative, could be used in order to increase the enforcement procedures against the Member States which do not respect the European Union law. This new category of legal acts are adopted on the basis of the specific procedure and they could be entitled such as the "classic" secondary EU law acts, namely regulations or directives. In conclusion, this new category of acts could represent an appropriate instrument used by the Commission ensuring the unitary application of the EU law and its respect by the Member States.
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spelling doaj-art-7ed91325a06242e8baf481d81ccee9c42025-01-02T13:52:55ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962017-05-017-551556DELEGATED ACTS AND IMPLEMENTING ACTS – NEW LEGAL ACTS OF THE EUROPEAN UNIONOana-Mihaela SALOMIA0Assistant Lecturer, PhD, Faculty of Law, University of BucharestThe Lisbon Treaty has introduced a new generic title – “legal acts” referring to the secondary European Union Law acts (art. 288-289 TFEU), compulsory or not, but also to the new delegated acts and implementing acts. These new acts could be adopted by the European Commission which generally has the legislative initiative power and, in special cases, by the Council, in accordance with the art. 290 TFEU and art. 291 TFEU. It is obvious that new competences are allowed to the European Commission which is in charge with the application and protection of the European Union law on the basis of the art. 17 TEU; the power of the Commission to adopt compulsory acts, even that they are not legislative, could be used in order to increase the enforcement procedures against the Member States which do not respect the European Union law. This new category of legal acts are adopted on the basis of the specific procedure and they could be entitled such as the "classic" secondary EU law acts, namely regulations or directives. In conclusion, this new category of acts could represent an appropriate instrument used by the Commission ensuring the unitary application of the EU law and its respect by the Member States.http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=03_public_law%2F&download=CKS_2017_public_law_031.pdfLisbon Treatydelegated actsimplementing actsEuropean Commissioncompulsory actsenforcementMember States
spellingShingle Oana-Mihaela SALOMIA
DELEGATED ACTS AND IMPLEMENTING ACTS – NEW LEGAL ACTS OF THE EUROPEAN UNION
Challenges of the Knowledge Society
Lisbon Treaty
delegated acts
implementing acts
European Commission
compulsory acts
enforcement
Member States
title DELEGATED ACTS AND IMPLEMENTING ACTS – NEW LEGAL ACTS OF THE EUROPEAN UNION
title_full DELEGATED ACTS AND IMPLEMENTING ACTS – NEW LEGAL ACTS OF THE EUROPEAN UNION
title_fullStr DELEGATED ACTS AND IMPLEMENTING ACTS – NEW LEGAL ACTS OF THE EUROPEAN UNION
title_full_unstemmed DELEGATED ACTS AND IMPLEMENTING ACTS – NEW LEGAL ACTS OF THE EUROPEAN UNION
title_short DELEGATED ACTS AND IMPLEMENTING ACTS – NEW LEGAL ACTS OF THE EUROPEAN UNION
title_sort delegated acts and implementing acts new legal acts of the european union
topic Lisbon Treaty
delegated acts
implementing acts
European Commission
compulsory acts
enforcement
Member States
url http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=03_public_law%2F&download=CKS_2017_public_law_031.pdf
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