Resumen de Limits to delegation under Article 290 TFEU: The specificity and essentiality requirements put to the test
As noted by Z. Xhaferri in an earlier volume of the Journal, the Treaty of Lisbon, pursuant to Articles 290 and 291 Treaty on the Functioning of the European Union (TFEU), created a new legal regime governing the ‘delegation’ of rule-making powers to the European Commission that left many questions unanswered. Despite the adoption of the Comitology regulation (pursuant to Article 291(3) TFEU) and an inter-institutional agreement on delegated acts (as such not required under Article 290 TFEU), the EU institutions did not fully manage to find a modus vivendi to put the new legal regime into practice. As a result, the Court of Justice was called upon in a number of cases to settle the contested questions.
