Dr. Kerstin Harden and Cornelius Herschbach have published an article on the relationship between the delegated regulation and the basic regulation in Union law in the German Zeitschrift für Zölle und Verbrauchsteuern (ZfZ).
In particular, they looked at the delegation of authority in Art. 126 of the UCC and the form of the delegation in Art. 103 of the UCC-DA. On the basis of this example, they illuminated the basis on which a delegation of authority is possible and how it is to be legally structured. In particular, Dr. Harden and Mr. Herschbach examined where the delegation of authority reaches its limits and whether the concrete formulation of Art. 126 of the UCC and Art. 103 of the UCC-DA is within the limits of the permitted competences.
The ZfZ is one of the leading journals for customs, excise, foreign trade and market regulation in Germany and is published monthly. The article can be found at ZfZ 2021, 70 ff., or please click here.