{"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":"

Measures of management<\/h1>\n

Measures of management and administration: empowerment, sub-delegation and direct delegation<\/h2>\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 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

More about Measures of management<\/h3>\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

More about the Subject<\/h3>\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

Resources<\/h2>\n

See Also<\/h3>\n

References<\/h3>\n