The separation of powers and the administrative branch in the European Union

The interpretation of the principle of separation of powers in the EU has developed a distinct character through the principle of institutional balance. The Court of justice (CJEU) has played a central role in assessing and overseeing this principle. This article examines how the EU’s understanding of the separation of powers has shaped the functioning of its administrative branch. Specifically, it focuses on how the CJEU has applied the principle of institutional balance through the so-called non-delegation doctrine, which restricts the delegation of powers to EU administration. It argues that the CJEU’s interpretation has affected the theoretical understanding of administrative powers, ultimately hindering the development of a robust framework to ensure the accountability of discretionary powers exercised by administrative bodies not explicitly outlined in the EU treaties.