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Delegation of Powers in the European Union and the Committee System
出版Oxford University Press, 2005
主題Law / GeneralLaw / ComparativeLaw / ConstitutionalLaw / InternationalPolitical Science / International Relations / General
ISBN01992800109780199280018
URLhttp://books.google.com.hk/books?id=Q42RAAAAMAAJ&hl=&source=gbs_api
註釋In almost all fields of cooperation that are covered by the EC Treaty, the formal competence to adopt legislation has been assigned to the Council (which must normally collaborate with the European Parliament), and in order to separate powers, the formal competence to prepare the necessary proposals (the right to initiate legislation), has been assigned to the European Commission. Over the years, however, it has become clear that the reality is far more complex. This book examines the fact that the Council is now passing an increasing part of the responsibility for adopting legislation to the Commission, subject to the requirement that it has to collaborate with a vast number of committees that consist of representatives of the various national administrations. This is known as comitology. "Comitology" provides the Council and the national governments with a mechanism for controlling the Commission, and so comitology is often thought to manifest a conflict of interests. Bergstrom argues that, despite much support in principle for this assumption; in practice, comitology does not give rise to the kinds of conflicts many expect or fear.