Implementing powers and implementation of EU law
- EU Commission (Photo: www1.american.edu/dlublin/travel/brussels1.html)
EU law prevails over national law. This means that once the EU has passed a new law which is not directly applicable, member states have to adopt it as part of their own legislation to make it legally binding (see also directives).
Most EU legislation is also administered and executed by the Member States. This is commonly called "implementation of EU law".
The EU Commission is also asked to implement EU laws. This is called "implementing powers" in the treaties. To assist the Commission, specific committees are often set up. In 2002 advisory procedures were established in a dozen cases, the management procedure in more than 50 and the regulatory procedure also in more than 50. See also Comitology.
- The term 'implementation' is ambiguous because it not only covers the execution of legal acts (see executive acts) but also the delegation of more detailed decision-making to the Member States or to the Commission (see delegated acts).
- In 2002 the Commission sent 2,251 implementing documents for information to the EU Parliament.
- The implementing powers of the Commission are mentioned in Art. 202 and Art. 211 TEC.
- The implementation of EU law by the Member States is laid down in the articles 10 and 249 TEC.