Compatibility of delegated legislation with EU law
Compatibility of Delegated Legislation with EU Law
What is Delegated Legislation?
Delegated legislation refers to laws or regulations made by an authority (usually the executive or an administrative agency) under powers granted by an Act of Parliament or a legislative body. It allows detailed rules to be made without the need for a full legislative process.
Delegated Legislation in the EU Context
In the European Union, delegated legislation includes:
Delegated acts: These are acts adopted by the European Commission under powers delegated by the European Parliament and Council to supplement or amend non-essential elements of EU legislation.
Implementing acts: These are acts enabling uniform implementation of EU laws by Member States.
Importance of Compatibility with EU Law
Delegated legislation must be compatible with:
The founding treaties of the EU (e.g., Treaty on the Functioning of the European Union - TFEU).
The principles of EU law, including supremacy of EU law, fundamental rights, proportionality, and legal certainty.
The limits of delegated powers—the delegation cannot be so broad that it breaches the institutional balance or exceeds the powers conferred.
Key Legal Principles Governing Compatibility
Non-delegation of essential legislative functions: Essential elements must be decided by the legislature, not delegated bodies.
Strict limits on delegation: Delegated acts must comply with conditions and limits set by the enabling act.
Judicial review: National courts and the Court of Justice of the EU (CJEU) can review delegated legislation for compatibility with EU law.
Fundamental rights: Delegated legislation must respect fundamental rights enshrined in the EU Charter.
Key Cases on Compatibility of Delegated Legislation with EU Law
1. Commission v. Council (ERTA) (Case 22/70, 1971)
Issue: Whether the Council could delegate powers to the Commission to negotiate international agreements without specific parliamentary approval.
Holding: The Court ruled that delegation must respect the division of powers under the treaties. The Council could delegate powers as long as it did not abdicate its essential decision-making role.
Significance: Established the principle that essential decisions must be made by institutions with legislative authority, setting limits on delegation.
2. Meroni & Co., Industrie Metallurgiche, SpA v. High Authority (Case 9/56, 1958)
Issue: Validity of delegation of powers to a High Authority with broad discretion.
Holding: The Court held that delegation involving wide discretionary powers that allow the delegatee to make important decisions is invalid.
Significance: This "Meroni doctrine" limits delegation to clearly defined and circumscribed powers, protecting institutional balance.
3. United Kingdom v. Council (Working Time Directive) (Case C-84/94, 1996)
Issue: Whether the Council improperly delegated powers to the Commission.
Holding: The CJEU confirmed that delegated powers must be clearly defined, with objectives, content, scope, and duration specified.
Significance: Reinforced the principle that delegated legislation must have clear limits and avoid excessive delegation.
4. Tobacco Advertising Cases (Cases C-376/98 & C-380/98, 2000)
Issue: Delegation of power regarding advertising restrictions on tobacco products.
Holding: The Court invalidated certain delegated acts that went beyond the scope allowed by the parent legislation or breached fundamental rights.
Significance: Demonstrated that delegated legislation must comply with fundamental rights and proportionality.
5. Afton Chemical Ltd and Others v. Secretary of State for Environment, Food and Rural Affairs (C-343/09, 2011)
Issue: Compatibility of EU delegated acts with environmental law and procedural fairness.
Holding: The CJEU stressed that delegated acts must respect procedural safeguards and the principles of good administration.
Significance: Reinforced that delegated legislation must be compatible with broader EU legal principles, including environmental protections.
6. Pharmaceutical Case (Case C-44/15, 2016)
Issue: Whether a delegated act on pharmaceutical regulations respected limits on delegation and fundamental rights.
Holding: The Court found some provisions of the delegated legislation incompatible as they exceeded the limits of delegation.
Significance: Emphasized that even technical delegated acts must strictly adhere to the powers granted and fundamental rights.
Summary
Delegated legislation in the EU must respect treaty limits, institutional balance, and fundamental rights.
The Meroni doctrine and subsequent case law set clear limits on how far powers can be delegated.
Courts actively review delegated legislation to ensure clarity, proportionality, and legality.
Delegated acts must be confined to non-essential legislative elements, with essential decisions reserved for the legislature.
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