LATEST ALERTSThe recent proposal by the European Commission (EC) to ban flavoured heated tobacco products has sparked a debate on a number of issues. One of the most important of these is the examination of whether the EC has exceeded its powers by introducing a new legal definition – the one for heated tobacco products – into the Tobacco Products Directive (TPD) through a delegated act.
This report asks and answers questions about concerns over the issue, including relevant definitions and precedents, as well as possible outcomes and effects.
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Table of contents
- Introduction
- What is a delegated act and how does it differ from a legislative act?
- Limits to delegated acts
- CJEU’s view on what constitutes an ‘essential element of a legislative act’
- What’s next
- What this means
