This contribution focuses on the question of the extent to which national administrative authorities can derive their powers directly from directives and regulations. To answer this question, first the content and scope of the principle of legality are discussed in section 2. Then the question of if, and to what extent, national administrative authorities can derive powers directly from directives (section 3) and regulations (section 4) is discussed. The requirements of both EU law and Dutch law in this regard are taken into account. For the extent to which national administrative authorities can derive their powers directly from directives or regulations, section 5 discusses whether this is problematic in the light of the functions of the legality principle. Finally, the contribution is finished by a conclusion in section 6.
Maartje Verhoeven, Rob Widdershoven
(National Legality and European Obligations în The Eclipse of the Legality Principle in the European Union (coord. L. Besselink, F. Pennings, S. Prechal), Wolters Kluwer, 2011, la p. 56)