The law-makers can give the EU Commission the option to supplement or amend (which means decide) certain non-essential elements of the EU law or framework law by delegating authority. The Convention on the Future of Europe proposed introducing delegated acts as a special category of law in addition to EU law and EU framework law.
Delegated acts have supremacy over national laws and national constitutions although they are to be approved in an organ where all member states are not represented.
For delegated acts, see Art. I-35 in the EU Constution which is likely to be the rule most often used if the constitution is accepted and ratified.
- Not to be confused with executive acts, where the executive body, for example the Commission, only carries out the provisions of the law.
- The distinction between legislative, delegated and executive acts can be difficult.
- If the Commission misuses the delegation it can only be re-called by a qualified majority in the Council or an absolute majority in the EU Parliament, see Art. I-35.
See also implementing powers.