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EU: European Commission: Communication from the Commission: Implementation of Article 290 of the Treaty on the Functioning of the European Union

01 February 2010

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EU: European Commission: Communication from the Commission: Implementation of Article 290 of the Treaty on the Functioning of the European Union (COM 673/09, pdf). Anyone trying to understand the effect of the Lisbon Treaty on the decision-making procedure needs to understand the use of Article 290 which allows the legislator to delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. As the Commission observes:

"The scope of Article 290 cannot be determined simply by examining in detail the terms used by the authors of the new Treaty to define delegated acts; the provision also needs to be put into context, by looking in particular at its historical connection with the regulatory procedure with scrutiny and at its links with Article 291 on implementing acts. For it is around Articles 290 and 291 that the legal framework will have to be constructed to replace the comitology system established under the Treaty establishing the European Community."

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