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Soft Post‐Legislative Rulemaking: A Time for More Stringent Control
Author(s) -
Senden Linda
Publication year - 2013
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12013
Subject(s) - rulemaking , legislature , legitimacy , treaty , control (management) , political science , law and economics , public administration , law , sociology , management , economics , politics
The C ommission's soft post‐legislative rulemaking by way of communications, notices, codes and similar instruments has become an increasingly important tool for the adequate functioning of the system of shared administration in the EU . However, the development of its legal framework has not kept pace with this, as the T reaty on the EU nor the Treaty on the Functioning of the EU (TFEU) recognise this regulatory phenomenon. As a result, its current procedural control is of a very ad hoc nature. Given the risks this rulemaking involves for the legitimacy of the EU , its practical and legal importance for legal practice and the way in which the T reaty of L isbon has sought to condition and control the behaviour of the U nion institutions, it is argued that the time is ripe for a more stringent and consistent procedural control of soft post‐legislative rulemaking. Some options to realise this are presented for further research.