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Dispute Between Member States and the European Commission on the Extent of the Delegated Powers

Publikace na Fakulta sociálních věd |
2016

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

The comitology system allows the EU Member States to monitor delegated decision-making. Currently, almost every single legislative act includes clauses related to the cooperation of the EU Member States and the Commission and determines rules and procedures which should guarantee the implementation of such act from the substantive and technical point of view.

In practice, we are often confronted with the Commission ' s effort to enforce more substantial changes of the basic legal act in contrast to the non-essential changes of the basic act as defined in the primary law of the EU. This fact leads sometimes to very sharp exchange of views between the Member States representatives and the Commission when examinations of new Commission ' s proposals are taking place.

In these situations, it is very important how well-founded arguments are presented by experts from each Member State at such meetings and how consistent, cooperative and well acquainted with the problem they are to disprove Commission ' s arguments and maintain the balance and control over the Commission ' s competence to exercise delegated power. This paper aims to illustrate how important and necessary for each Member State it is to have high-qualified, knowledgeable and well-prepared representatives which defend the interests of the Member State at the EU level.