LEGISLATIVE INSTRUMENTS. 25. The Commission shall provide, in relation to each proposal, an explanation and justification to the European Parliament and to the Council regarding its choice of legal basis and type of legal act in the explanatory memorandum accompanying the proposal. The Commission should take due account of the difference in nature and effects between regulations and directives. The Commission shall also explain in its explanatory memoranda how the measures proposed are justified in the light of the principles of subsidiarity and proportionality and how they are compatible with fundamental rights. The Commission shall, in addition, give an account of both the scope and the results of any public and stakeholder consultation, impact assessment and ex-post evaluation of existing legislation that it has undertaken. If a modification of the legal basis entailing a change from the ordinary legislative procedure to a special legislative procedure or a non-legislative procedure is envisaged, the three Institutions will exchange views thereon. The three Institutions agree that the choice of legal basis is a legal determination that must be made on objective grounds which are amenable to judicial review. The Commission shall continue to fully play its institutional role to ensure that the Treaties and the case-law of the Court of Justice of the European Union are respected.
LEGISLATIVE INSTRUMENTS. Policy Principles
LEGISLATIVE INSTRUMENTS. 20. The Commission shall provide for each proposal an explanation and justification to the European Parliament and to the Council of its choice of legal basis and type of legal act in the explanatory memoranda which accompany its proposals. The Commission should take due account of the difference in nature and effects between regulations and directives. The Commission shall also explain in its explanatory memoranda how the measures proposed are justified in the light of the principles of subsidiarity and proportionality and are compatible with fundamental rights. The Commission shall also give an account of both the scope and the results of any stakeholder consultation, ex-post evaluation of existing legislation and impact assessment that it has undertaken. If a modification of the legal basis entailing a change from ordinary legislative procedure to special legislative procedure or non-legislative procedure is envisaged, the three institutions will exchange views. The three institutions agree that the choice of legal basis is a legal determination that must be made on objective grounds amenable to judicial review. The Commission shall continue to play fully its institutional role to ensure that the Treaties and the jurisprudence of the Court of Justice are respected.
