NADLEŽNOST KOMISIJE U POSTUPKU PREDLAGANJA, USVAJANJA I SPROVOĐENJA AKATA ORGANA EVROPSKE UNIJE
COMPETENCE OF THE COMMISSION IN PROPOSING, ADOPTING AND IMPLEMENTING LEGAL ACTS OF THE EUROPEAN UNION INSTITUTIONS

Summary/Abstract: Under the EU founding treaties, the European Commission has been entrusted with a range of responsibilities, among which special significance is attributed to its competence in the procedure for proposing, adopting and implementing the binding acts of the European Union. 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 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 73 A. Héritier, C. Moury, C. Bishoff, C. F. Bergström, op. cit., p. 56.  Full-time Professor, Faculty of Law University of Niš. Zoran Radivojević Revija za evropsko pravo 92 Parliament. Finally, the Commission has implementing powers, aimed at implementing legally binding acts of the EU. The Lisbon Treaty has brought significant changes in terms of the Commission's competence in proposing, adopting and implementing 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, called delegated acts. They are adopted by the Commission on the basis of the authority contained in a legislative act for the purpose of supplementing or amending some non-substantial elements of that legislative act. With regards to the Commission's implementing powers, the Lisbon Treaty still leaves the implementation of EU law and policies to 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 implementation authority, it is sufficient (particularly in light of the new regulation on comitology) to justify the conclusion about an altered role of the Commission in achieving its implementation function in the EU legal system.

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