Adapting RPS acts to Article 290 TFEU

EESC opinion: Adapting RPS acts to Article 290 TFEU

The EESC reflects in the opinion its view on two Commission proposals:

Key points:

The Committee supports the Commission initiative, which is necessary in order to protect the sources of law in the European Union as well as making for simpler and more efficient procedures.

Nevertheless, the EESC believes that the collective alignment of 165 legal instruments (regulations, directives and decisions) from 12 different areas does in fact raise a number of legal and practical issues. For example:

  • some aspects of the delegation procedure are still far from clear (the concept of "non-essential elements" has yet to be defined). A precise evaluation of how the mechanism actually works in practice also needs to be carried out, and
  • some proposals for regulations contain options which misinterpret the framework established by the basic legislative acts, going so far as to allow for delegation to be exercised for a period of unspecified length or setting very short deadlines for scrutiny by the Parliament and the Council.

The Committee therefore advises:

  • the Commission to tailor this collective alignment more closely to the individual contents of some of the basic legislative acts, and
  • the Council and the Parliament to exercise maximum vigilance and to conduct a detailed evaluation of all the acts included in this alignment.

Other relevant EESC opinions: