Delegated and Implementing Rule Making: Proceduralisation and Constitutional Design

Abstract The reform of non‐legislative acts introduced by A rticles 290 and 291 of the T reaty on the F unctioning of the E uropean U nion was guided by concerns regarding the democratic legitimacy of ( lato sensu ) implementing acts of the U nion. However, it has ignored the centrality of transparency in the U nion's democracy and the role of participation as a complementary source of democracy. This article argues that the procedures leading to the adoption of delegated and implementing acts are subject to the treaties' provisions on transparency and participation, and should be shaped by them. It analyses the constitutional choices underlying A rticles 290 and 291, with a view to assessing whether and to what extent the material, organic and functional profiles of delegated and implementing acts condition procedural rules on transparency and participation to be followed in their adoption.