Delegation of Powers
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Overview
16 sources · Jul 23, 2026Legal Framework
The exercise of delegated powers under the AI Act is governed by Article 97, which establishes the procedural conditions under which the European Commission may adopt delegated acts. The Commission's authority is not open-ended: delegation is confined to non-essential elements of the legislation and is subject to express limits set by the co-legislators. The Commission must consult designated experts from each Member State before adopting any delegated act, and the delegation itself may be revoked or lapse under conditions defined by the European Parliament and Council.
This architecture mirrors the delegation framework in the Digital Services Act, where Article 87 DSA prescribes analogous procedural safeguards. The parallel structure reflects a broader EU legislative pattern: delegated acts may supplement or amend certain provisions but cannot expand the regulatory scope beyond what the enabling act permits. Under DSA Article 83, the Commission may also adopt implementing acts to set practical procedural arrangements, including hearing procedures and information disclosure protocols, provided it first publishes draft provisions and invites stakeholder comment within a specified timeframe.
Key Developments
The delegation provisions have begun generating practical effects. The Commission's authority under Article 15-related delegation powers extends to specifying what information standardized icons must display and the procedures for their development — a concrete example of how non-essential elements are fleshed out through delegated acts rather than left to Member State discretion.
The procedural consultation requirement has emerged as a meaningful constraint. Where the Commission fails to properly engage the expert group mechanism, delegated acts face legal vulnerability. The DSA's implementing-act framework under Article 83 reinforces that stakeholder consultation is not merely procedural courtesy but a condition of validity: draft provisions must be published, and interested parties must be given a defined window to submit observations before adoption.
Practical Guidance
Map delegation boundaries precisely: Identify which AI Act provisions expressly authorize delegated acts and distinguish essential elements (reserved to the legislature) from non-essential elements (open to delegation). Compliance strategies should not assume the Commission will fill gaps beyond its delegated mandate.
Monitor expert group consultations: Track when the Commission consults Member State experts under Article 97, as these consultations signal forthcoming delegated acts and provide a window to influence their content.
Engage in DSA-style stakeholder comment periods: Where implementing acts are contemplated (as under DSA Article 83), submit observations within the published deadline. This is a concrete opportunity to shape procedural arrangements before they are finalized.
Assess revocation and lapse risks: Track European Parliament and Council actions regarding potential revocation of specific delegations, as this can alter the regulatory landscape mid-compliance cycle.
Audit icon and transparency obligations: For AI systems subject to Article 15-type requirements, anticipate that delegated acts will specify icon content and standardization procedures — build flexibility into compliance design to accommodate these specifications as they emerge.