Delegated and implementing acts: EU adapts a significant number of legislative acts to the Lisbon Treaty

The Council today adopted a regulation aligning 64 legislative acts which refer to the so-called ‘regulatory procedure with scrutiny’ with the Lisbon Treaty.

The Lisbon Treaty introduced a distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts) and powers conferred upon the Commission to adopt acts to ensure uniform conditions for implementing legally binding Union acts (implementing acts). This means that all existing legislative acts referring to the former ‘regulatory procedure with scrutiny’ have to be brought in line with the Lisbon Treaty. In some cases this has already happened. For the rest, the Council, Parliament and Commission acknowledged in the 2016 Interinstitutional Agreement on Better Law-Making the need for prompt alignment.

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