Judgment_paragraph 51 · Czech Republic v European Commission (C-696/15 P)

51That interpretation is not compatible with the wording and the spirit of that provision. A delegation of power under that provision confers power on the Commission to exercise the functions of the EU legislature, in that it enables it to supplement or amend non-essential elements of the legislative act. The requirement in the first sentence of the second subparagraph of Article 290(1) TFEU is intended precisely to ensure that such a power emanates from an express decision of the legislature and that its use by the Commission respects the bounds the legislature has itself fixed in the basic act. For that purpose, the basic act must, in accordance with that provision, lay down the limits of its conferral of power on the Commission, namely the objectives, content, scope and duration of the conferral.

Czech Republic v European Commission (C-696/15 P)

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