EU Executive Rule-Making and the Second Directive on Institutions for Occupational Retirement Provision

Abstract

The legislative system of the European Union is determined by the distinction made between legislation and administrative rules and between delegation and implementation pursuant to the EU Treaty. This article analyses the implementation of this system in practice, on the basis of the revision of the IORP Directive. Not only do both distinctions give rise to conflicts between mostly national and EU legislatures but they also lead to disputes regarding the substance of the EU rules. This article also provides more detailed insight into the role of the European Insurance and Occupational Pensions Authority (EIOPA).

Keywords: IORP, EIOPA, delegated acts