УЛОГА КОМИСИЈЕ У ДОНОШЕЊУ И ИЗВРШЕЊУ ПРАВНИХ АКАТА ЕВРОПСКЕ УНИЈЕ
THE ROLE OF THE EUROPEAN COMMISSION IN THE ENACTMENT AND EXECUTION OF LEGAL ACTS OF THE EUROPEAN UNION

Summary/Abstract: Under the EU founding treaties, the European Commission has been entrusted with a range of responsibilities, the most significant of which are the enactment and execution of EU legal acts. First of all, the Commission has a major role in proposing new legal acts and initiating common EU policies and measures. Concurrently, the Commission may be given the authority to adopt some general EU legal acts, acting either on the basis of the original powers it has been vested under the founding treaties or on the basis of rights it has been delegated by the European Council and the European Parliament. Yet, only in exceptional cases can the Commission act in the capacity of the holder of original powers; in most cases, it acts on the basis of the delegated authorities conferred by the Council and the Parliament. Finally, the Commission has executive powers, which are aimed at ensuring a uniform implementation of the legally binding EU acts. The Lisbon Treaty has brought significant changes in terms of the Commission’s role in the process of enactment and execution of EU legal acts. Under this Treaty, the Commission has retained and partly extended its authority to propose new legislation in the legislative procedure, as well as its competences in the field of foreign and security policy, and police and judicial cooperation in criminal matters. In addition to the original legislative powers entrusted to the Commission, the Lisbon Treaty introduced a completely new category of legal acts into the EU legal system. The delegated acts are adopted by the Commission on the basis of the authorization contained in a legislative act for the purpose of supplementing or amending some non-substantial elements of that legislative act. In terms of the Commission’s executive powers, the Lisbon Treaty still leaves the implementation of EU law and policies to the Member States. However, apart from the Commission and the Council, which may be entrusted with the implementation of legal acts, the Treaty introduced a new actor: the European Parliament, which is given the authority to participate in the regulation of the comitology system by adopting regulations in the ordinary legislative procedure. Although such a change is insufficient to deprive the Commission of its status of the chief executive authority, it is sufficient (particularly in light of the new regulation on comitology) to justify a conclusion about an altered role of the Commission in exercising its executive function in the EU legal system.

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