Commentary on the Communication COM(2009) 673

With the entry into force of the Treaty of Lisbon the legal basis for the comitology system- the procedure according to which the EU Commission may adopt acts - was revoked. In future, the delegation of legislative powers to the Commission will be subjected to Art. 290 and 291 TFEU. However, detailed rules regarding the delegation and scrutiny of how these are exercised are not provided for in the new Treaty. These will have to be the objective of an agreement to be concluded between the European Parliament, the Council and the Commission. However, the interests of these parties differ considerably in parts. In its Communication (COM(2009) 673 the Commission has presented its vision of how the new procedure should be shaped.


The aim of the Commission is to achieve a maximum degree of autonomy and a minimum degree of control by the European Parliament and the Council. However, as the legislative bodies and in the interest of the democratic legitimation of European policy, the European Parliament and the Council are obliged to reserve as far-reaching powers of control as possible and to collect at an early stage comprehensive information on the Commission’s intended delegated acts. The question as to how the European Parliament and the Council can meet their commitments will be illustrated in the Commentary.