This legally binding act of the European Union is directly applicable in all member states of the European Union. Delegated decisions can address specific legal entities, in which case it is binding only to them.
Delegated decisions are limited in what they can set out to regulate. Delegated decisions can be used to supplement existing legislation on non-essential parts or amend specific and non-essential elements of a legislative act.
Area of application
Delegated decisions are directly applicable and need not be transposed into national legislation. This ensures implementation takes a similar shape in each individual member state.
Delegated decisions take precedent over national legislation in case the two contradict one another.
Delegated decisions can only seek to supplement or amend non-essential elements of legislation. What constitutes non-essential elements is laid down in each individual act. Delegated decisions cannot address anything outside of such frameworks and a delegated decisions cannot broaden the scope of the legislative act it seeks to supplement or amend.
Delegated decisions in general address specific and often highly detailed technical issues. The politically sensitive and key elements of legislation will have been addressed in the original legislative act.
Legal entities that are directly affected by a delegated decision may make a direct appeal to it in a court of law in relation to both a state as other legal entities.
Adopting delegated decisions
For adopting delegated decisions the procedure or delegated acts i is used. The European Commission may, based on a legislative act, put forward a proposal for a delegated decision. Experts drawn from the member states are then consulted. Both the European Parliament and the Council of Ministers can raise objections to the proposal, as well as raise objections to a delegated decision that is in force.
The delegated decision is based on the Treaty on the functioning of the European Union (TfEU).
-instrument: part six TfEU title 1 chapter 2 section 1 art. 290