Commission on the Loose? Delegated Lawmaking and Comitology after Lisbon

The Treaty of Lisbon has altered the institutional mechanism of the European Union. The introduction of formal hierarchy of legal acts has important implications for the balance of power among the EU institutions. This paper argues that the Commission is likely to enjoy some discretion in delegated lawmaking while remaining in the shadow of the legislators’ activism. The Commission has also successfully positioned itself to diminish the influence of comitology committees on the adoption of implementing acts, though a new layer of complexity was added. The possible outcomes of this new institutional battle are analysed in the context of the new challenges to the Community method. Some important inferences of this institutional shift for the debate on the democratic deficit in the EU are also drawn up.