{"id":258,"date":"2014-10-08T18:49:35","date_gmt":"2014-10-08T18:49:35","guid":{"rendered":"http:\/\/competition.lawlegal.eu?p=258"},"modified":"2014-10-08T18:49:35","modified_gmt":"2014-10-08T18:49:35","slug":"measures-of-management","status":"publish","type":"post","link":"https:\/\/competition.lawlegal.eu\/2014\/10\/08\/measures-of-management\/","title":{"rendered":"Measures of management"},"content":{"rendered":"
A category of measures to be distinguished from the decisions of principle are the so-called measures of management or administration ('mesures de gestion ou d'administration'). This category of measures includes measures which are<\/p>\n
– of an investigatory or preparatory nature only, in view of a later final decision to be taken by the College, and\/or<\/p>\n
– leave the Commission no or only a limited margin of appreciation or discretion, and\/or<\/p>\n
– are routine matters, whose adoption by the College would entail a disproportionate demand on Commissioners' time.<\/p>\n
Measures of management or administration can be:<\/p>\n
– delegated by the College of Commissioners to individual Commissioners who then adopt the measure under the so-called empowerment procedure ('procédure d'habilitation', Article 13(1) of the Rules of Procedure); empowerments are either “general” (a Commissioner is empowered to adopt a given category of acts) or “ad hoc” (a Commissioner is empowered to adopt a specific act in a specific case);<\/p>\n
– sub-delegated, by a so empowered Commissioner to a Director-General or Head of Service who then adopts the measures under the sub-delegation procedure (Article 13(3) of the Rules of Procedure); or<\/p>\n
– exceptionally delegated directly by the College to Directors General or Heads of Service (e.g. Competition Hearing Officers) (direct delegation, Article 14 of the Rules of Procedure).<\/p>\n
It follows from the principle of collegiality that before adopting a measure under the empowerment, sub-delegation or delegation procedure the empowered Commissioner, Director- General or Head of Service must always determine whether, on grounds of political sensitivity or because of its importance the matter must be brought before the full College (point 13\/14-3.2 of the joint Rules giving effect to Articles 13 and 14 of the Rules of Procedure). Moreover, since empowerment \/ sub-delegations \/ delegations are exceptions to the general principle of collegiality, they must be construed narrowly (in principle, there is no “implicit” empowerment or empowerment “by analogy”).<\/p>\n
A category of measures to be distinguished from the decisions of principle are the so-called measures of management or administration ('mesures de gestion ou d'administration'). This cate…<\/p>\n","protected":false},"author":2389,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[135],"tags":[98,95,96,137],"_links":{"self":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/posts\/258"}],"collection":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/users\/2389"}],"replies":[{"embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/comments?post=258"}],"version-history":[{"count":0,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/posts\/258\/revisions"}],"wp:attachment":[{"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/media?parent=258"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/categories?post=258"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/competition.lawlegal.eu\/wp-json\/wp\/v2\/tags?post=258"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}