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Controlling EU Agencies

Controlling EU Agencies
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
Total Pages: 360
Release: 2020-05-29
Genre: Law
ISBN: 1789905427

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Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.


The External Dimension of EU Agencies and Bodies

The External Dimension of EU Agencies and Bodies
Author: Herwig C.H. Hofmann
Publisher: Edward Elgar Publishing
Total Pages: 256
Release: 2019
Genre: Political Science
ISBN: 1788973755

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This timely book addresses urgent questions about the external actions of the EU’s decentralized agencies and their effects, such as how they should be conceptualized and assessed, and how these agencies can and should be governed in the future. Bringing together pioneering interdisciplinary work from European legal and political scholars, the book combines theory with empirical case studies to explore an underdeveloped field and identify a future research agenda. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}


Agency Governance in the EU

Agency Governance in the EU
Author: Berthold Rittberger
Publisher: Routledge
Total Pages: 167
Release: 2013-09-13
Genre: Political Science
ISBN: 1135750246

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The rapid proliferation of EU agencies represents one of the most significant changes to the EU’s organisational set-up in past decades. At the same time, this development has significantly affected regulatory policy-making in the EU. This volume assembles the most renowned scholars in the field to address the key themes and challenges that agency governance in the EU poses to effective and legitimate policy-making. The first theme addresses the causes and dynamics of the creation and design of regulatory bodies in EU governance, focusing not only on EU agencies but also on alternatives to the agency format, such as regulatory networks. Second, once agencies are established, the book goes on to explore the consequences and trajectories of agency governance. How effective and autonomous are EU agencies? How does EU agency governance transform existing patterns of executive governance in the EU? Third, the book addresses the design of EU agencies as independent, non-majoritarian institutions poses pressing questions with a view to their legitimacy and accountability. The volume appeals to scholars and practitioners interested in the development and transformation of executive governance in the EU. This book was published as a special issue of the Journal of European Public Policy.


EU Agencies

EU Agencies
Author: Merijn Chamon
Publisher: Oxford University Press
Total Pages: 433
Release: 2016
Genre: Law
ISBN: 0198784481

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Providing the first comprehensive overview of the development of agencification in the EU, this book explores the question: What are the political and legal limits to EU agencification?


Controllers, Profiteers Or Enablers?

Controllers, Profiteers Or Enablers?
Author: Martin Robert Jan Weinrich
Publisher:
Total Pages: 209
Release: 2021
Genre: Administrative agencies
ISBN:

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The 37 EU agencies are a sizable part of the EU's multi-level administration. Created in negotiations between the European Commission, the European Parliament and the Council of the European Union, these semi-independent bodies contain intergovernmental, supranational and transnational characteristics. EU agencies are networked bodies: not only the European Commission, but also national authorities are omnipresent on their management boards and in their working groups. Because of their voting majority on management boards and in EU agencies' working groups, national officials' behaviour can determine EU agencies' output. While the Commission pursues a clear supranational agenda, the role of national representatives remains ambiguous: Often detached from direct domestic political control and - at least in theory - accountability-holders of EU agencies, national representatives have incentives to control EU agencies, align their work with their domestic one or co-create EU-level solutions. This thesis addresses the question, when the behaviour of national officials promotes intergovernmental, bureaucratic or transnational interests in EU agencies. Empirically, the thesis proceeds in three steps. First, it develops a typology of EU agencies according to their main activities and classifies all 37 agencies into four categories: authorisation, regulation, implementation and information agency. Second, it maps the formal, de jure role of national representatives in all 37 agencies' governance structure on the basis of their founding regulations. This mapping exercise shows that the stronger the formal competences of an agency, the stronger is the position of national representatives in an agency's governance set-up. Moreover, the mapping reveals variation across the four agency types. Building upon these findings, the study selects four EU agencies that cover the variance in formal governance set-ups for in-depth case studies on national representatives' behaviour: the European Environment Agency as an information agency, the European Maritime Safety Agency as an authorisation agency, the European Maritime Safety Agency as an implementation agency and the European Banking Authority as a regulatory agency. On the basis of 47 semi-structured interviews with 53 national and Commission representatives as well as agency officials, the final part of the study illustrates that different governance set-ups have only a mediating influence on the interests, national representatives promote in EU agencies. Across the entire variance of formal structures, national representatives safeguard their bureaucratic interest, especially where they risk being overburdened by the administrative consequences of EU agency decisions. Only in salient agencies, intergovernmental control concerns play a significant role. Primarily, however, national representatives create synergies between their domestic work and EU agencies' work. Even though this is likewise motivated by bureaucratic interests, it contributes to the expansion of EU agencies tasks and a further centralisation of the EU's multi-level administration. Moreover, national representatives value the learning opportunities that EU agencies provide and in case of different opinion with the Commission or other national representatives prefer to invest time in finding consensual solutions instead of blocking further action. Thereby, national representatives across all four cases do not only represent exogenous, domestic preferences but also transnational interests, endogenous to the specific environment around each EU agency. These findings indicate that national representatives both constrain and enable EU agencies. Their bureaucratic turf and reputational interests set the boundary at which they begin to oppose further EU agency measures. Their interest in efficient workflows and coordination as well as their genuine interest in EU-wide solutions, on the other hand, enables EU agencies to perform and occasionally expand the scope of their actions.


The Political Accountability of EU and US Independent Regulatory Agencies

The Political Accountability of EU and US Independent Regulatory Agencies
Author: Miroslava Scholten
Publisher: Martinus Nijhoff Publishers
Total Pages: 507
Release: 2015-01-27
Genre: Law
ISBN: 9004262997

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The Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of the 35 EU and 16 US independent agencies. The comparative analysis demonstrates similarities between the political accountability arsenals and challenges to political oversight in the EU and the US. The greatest differences are revealed in the organization of the political accountability of independent agencies, i.e., ‘excessive diversity in the EU vs. uniformity in the US’, and the design of accountability obligations. Based on comparative insights, the book concludes with three recommendations on how the EU agencies’ political accountability could be adjusted in the ongoing reform on agencies’ creation and operation.


The Role of EU Agencies in the Eurozone and Migration Crisis

The Role of EU Agencies in the Eurozone and Migration Crisis
Author: Johannes Pollak
Publisher: Springer Nature
Total Pages: 233
Release: 2020-11-30
Genre: Political Science
ISBN: 3030513831

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This book provides a wealth of empirical material to understand key aspects of EU governance including its plurality of actors and policy making modes and its functioning during crisis management. Authored by legal scholars and political scientists, it presents new research and insights on the role of EU agencies in the context of the Euro and migration crises. Specifically, the contributions assess why the crises have led to the creation of new EU agencies and what roles these agencies have performed since their inception; how the crisis, notably the migration crisis, has impacted on existing EU agencies; how EU agencies have shaped the policies during and after the crises; and, how the crisis has affected the accountability of EU agencies. This book is essential in understanding the intricacies of EU crisis management and the specific role of EU agencies therein, as well as EU governance more broadly. Chapter 9 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.


EU Agencies

EU Agencies
Author: Merijn Chamon
Publisher: Oxford University Press
Total Pages: 446
Release: 2016-06-02
Genre: Law
ISBN: 0191087351

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Over the last two decades, EU legislation has established a growing number of subsidiary bodies commonly referred to as EU decentralised agencies. Recent years have witnessed the conferral of increasingly significant powers to these bodies to the point where the successful implementation of many of the EU's policies is now dependent upon the activities of EU agencies. While EU agencies have become indispensable in terms of their practical importance, the lack of a legal basis in the EU Treaties to establish and empower new bodies as well as the lack of an adequate framework in secondary law means that there exists little control over EU agencies. This results in critical issues, such as the absence of clear criteria prescribing when an agency may be empowered to act and also the failure to consider the interests of the actors normally responsible for the implementation of EU law, such as the Member States and the Commission. Providing the first comprehensive overview of the development of agencification in the EU, this book explores the question: What are the political and legal limits to EU agencification? Analysing EU agencies from an institutional and constitutional perspective, the book traces the development of EU agencies, explores the different tasks they perform, investigates the limits to agencification, and discusses the legal basis for such agencies.


European Agencies in Between Institutions and Member States

European Agencies in Between Institutions and Member States
Author: Michelle Everson
Publisher: Kluwer Law International
Total Pages: 0
Release: 2014
Genre: Administrative agencies
ISBN: 9789041128430

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Despite concerted efforts in recent years to define the position of agencies in the Union framework, a clear overall view of their role and powers in relation to the EU institutions and to the Member States is still lacking. Their hybrid character as part of the composite EU executive, and the fact that increasing powers are delegated to them, makes an understanding of the efficacy and accountability of agencies ever more important. Benefitting from both academic and practitioner insights from law, political and social sciences, this important book offers an in-depth analysis of the current challenges surrounding European agencies in terms of their design, autonomy, supervisory competence, and legal nature. Among the topics covered are the following: realities of the accountability mechanisms currently in place; impact of agency acts on the EU's institutional balance of powers; agencies as global actors acting on behalf of Member States and EU external relations; agencies derived from former networks of national regulators; non-hierarchical 'par' nature of agencies vis-à-vis corresponding national authorities; agencies as crucial amalgams between EU institutions and Member States; effect of the Meroni doctrine; new financial supervisory agencies resulting from recent economic and financial crises; special role of telecommunications agencies; and intricacies of the relationship between agencies and the European Parliament. Because EU agencies are designed to facilitate the implementation of EU law at the national level, powers are increasingly conferred on them in order to ensure that rules are enforced effectively and uniformly. The time has come, however, to confront the many questions of legality and constitutionality that remain. This book responds to the vital as to the role and powers of agencies in relation to their manifold 'principals', the EU institutions and the Member States, and lays a firm foundation for managing the challenges ahead.


Delegation of Powers in the EU Legal System

Delegation of Powers in the EU Legal System
Author: Annalisa Volpato
Publisher: Routledge
Total Pages: 327
Release: 2022-03-29
Genre: Law
ISBN: 1000563464

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The majority of rules adopted at the EU level are not issued by democratically elected institutions, but rather by administrative bodies which are empowered to exercise rule-making powers by legislative acts. This book analyses the legal mechanism through which these powers are conferred on the most relevant bodies in the EU institutional landscape, namely the European Commission, the Council, the ECB and EU agencies, and the democratic controls in place to limit and oversee the exercise of these powers. Providing an overarching perspective of the delegation of powers, this book reflects on the notion of delegation and on the commonalities between the different forms of delegation identified. It focuses on the legal requirements and limits for the delegating act, the procedures for the exercise of such powers, the position of the acts in the hierarchy of norms, and their judicial review. Overcoming the fragmentation which characterized the development of the different forms of delegation in the EU, this analysis provides a clear, structured, and coherent picture of the legal framework for the delegation of powers in the light of the constitutional principles of this legal system. Academics and practitioners will equally appreciate this highly accessible addition to the current debate in legal scholarship of the delegation of powers in the EU, as well as its explanations on comitology and the empowerment of EU agencies.