Delegated versus implementing acts: how to make the right choice?

This article provides an overview of the choices the legislature is faced with when deciding upon empowerments to adopt delegated or implementing acts. In order to understand the divergent positions between the institutions on the application of articles 290 and 291 TFEU, this article will first provide an overview of the historical background of these articles and the institutional developments since the Treaty of Lisbon. The article presents a step by step approach to assess proposed empowerments for the adoption of delegated or implementing acts. The article will conclude with some reflections on current developments. © 2021, @ ERA.