Eroding Meroni: The Fate of the Delegation to EU Agencies

Since 1958, the Court of Justice has established the key criteria governing the legitimate delegation of powers to EU agencies. Nevertheless, the principle of delegation remains a subject of debate and has been revisited by the Court in recent years. This article examines the current state of the so-called non-delegation doctrine, arguing that the original doctrine has been progressively “eroded” over time not only de facto, through the pragmatic involvement of EU agencies in the regulatory process, but also de iure, through the gradual and sometimes strained evolution of the EU courts’ case law.