Comment by rayiner
2 days ago
If the purpose is to avoid centralizing power, why can the Commission make regulations that have the force of law without consent from either Parliament or the Council?
2 days ago
If the purpose is to avoid centralizing power, why can the Commission make regulations that have the force of law without consent from either Parliament or the Council?
it can't. Any new regulation goes through the parliament and council as a legislative act. What the Commission can do, if a legislation already exists, is pass regulation that doesn't modify essential elements. There's a direct analog to this in the US, Federal Agencies which end up doing a lot of the actual technical rule making work.
If the FAA decides to make some aviation regulation that's binding through the entire country, and likewise if EU parliament and council have adopted legislation for say, the emission rates of cars the Commission then goes and decides the actual rules. In this particular case of Chat Control 1.0 it was put to a vote, but they didn't reach the majority they needed because apparently a significant number of representatives weren't even there. Of course politically a bit of a dirty trick to push something through like this before a summer break, although I'd say the blame is on the representatives, not the Commission.
These kinds of institutions, and really in most countries they do most of the implementation work are necessary because you can't have your legislative vote on thousands of technical details of how cars or planes work, that's just a technocratic reality regardless of where you are.