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Briefing – Understanding delegated and implementing acts – 07-07-2021

Law-making by the executive is a phenomenon that exists not only in the European Union (EU) but also in its Member States, as well as in other Western liberal democracies. Many national legal systems differentiate between delegated legislation − adopted by the executive and having the same legal force as parliamentary legislation − and purely executive acts −aimed at implementing parliamentary legislation, but that may neither supplement nor modify it. In the EU, the distinction between delegated acts and implementing acts was introduced by the Treaty of Lisbon. The distinction, laid down in Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU), seems clear only at first sight. Delegated acts are defined as non-legislative acts of general application, adopted by the European Commission on the basis of a delegation contained in a legislative act. They may supplement or amend the basic act, but only as to non-essential aspects of the policy area. In contrast, implementing acts are not defined as to their legal nature, but to their purpose − where uniform conditions for implementing legally binding Union acts are needed. Under no circumstances may an implementing act modify anything in the basic act. Delegated acts differ from implementing acts in particular with regard to the procedural aspects of their adoption − the former after consulting Member States’ experts, but their view is not binding; the latter in the comitology procedure, where experts designated by the Member States, sitting on specialised committees, can object to a draft implementing act. In the case of delegated acts, however, the Parliament and Council can introduce, in the delegation itself, a right to object to a draft act or even to revoke the delegation altogether. Both delegated and implementing acts are subject to judicial review by the Court of Justice of the EU which controls their conformity with the basic act.

Source : © European Union, 2021 – EP

Highlights – Financial contributions from non-EU countries: committee debate – Committee on Budgets – Committee on Budgetary Control

Finger pushing computer key that says ECA European Court of Auditors
The Committees on Budgets and on Budgetary Control will go over the European Court of Auditors’ review on financial contributions from non-EU countries to the EU, with ECA Member François-Roger Cazala, on 12 July. These contributions are based on agreements through which non-EU countries gain access to EU programmes and activities and/or to the EU single market. In 2019, they amounted to EUR 1,9 billion, meaning 1% of the total EU revenue.

Source : © European Union, 2021 – EP

Briefing – New EU strategic priorities for the Sahel: Addressing regional challenges through better governance – 09-07-2021

Recent events have shown that the Sahel region remains highly politically unstable. The military takeover of the Chadian government following President Idriss Déby’s sudden death in April 2021 and the repercussions of the August 2020 and May 2021 military coups in Mali are worrying signs of weak democratic governance structures. Burkina Faso’s transitional democracy has also been severely destabilised by the activities of extremist groups and internal conflicts. This political fragility and the lack of government legitimacy have made the responses to the Sahel’s security and humanitarian issues all the more challenging. The continued threat posed by terrorist armed groups and rising intercommunal violence over land and resources have led to both internal and cross-border displacements in Sahel countries. Meanwhile, the inadequacy of governance mechanisms for managing this displacement, compounded by environmental degradation, resource scarcity and population growth, has created a severe humanitarian crisis. Since 2011, the European Union (EU) strategy for the Sahel has focused on both security and development to address these numerous and interconnected challenges. However, EU efforts have remained dominated by a military approach to tackle rising terrorist activity, achieving concrete results but ultimately falling short of long-term regional stability. The new EU integrated strategy in the Sahel aims to strengthen action at the political level, focusing on governance mechanisms, human rights, and collaboration with civil society and local authorities, while maintaining security cooperation with states in the region.

Source : © European Union, 2021 – EP

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