Delegated and implementing acts: EU adapts a significant number of legislative acts to the Lisbon Treaty


The Council today adopted a regulation aligning 64 legislative acts which refer to the so-called ‘regulatory procedure with scrutiny’ with the Lisbon Treaty.

The Lisbon Treaty introduced a distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts) and powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts). This means that  all existing legislative acts referring to the former ‘regulatory procedure with scrutiny’ have to be brought in line with the Lisbon Treaty. In some cases this has already happened. For the rest, the Council, Parliament  and Commission acknowledged in the 2016 Interinstitutional Agreement on Better Law-Making the need for prompt alignment.

The regulation adopted today covers some of the acts proposed for alignment by the Commission in 2016. In the majority of cases it replaces the regulatory procedure with scrutiny with references to delegated acts and in some cases to implementing acts.

The Council, Parliament and Commission will continue to work on the alignment of the remaining acts during the term of the next European Parliament.

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