Aim of this paper is to understand the role and types of these European Agencies (EAs) and the main problems connected to them. First, we will try to find a definition of Agencies. Starting from the first agencies we will analyse how these developed in their number, structure, role and competencies.
After this, it is important to understand the legal framework in which EAs are established, and to analyse if the agencies are attracted by the community method or not. At this point, we will find several critics, the main rising question concerns the delegation of power, how much competencies can the European Commission delegate to Agencies? Why should the EU delegate power? In order to have basic knowledge to discuss this topic we have to mention the Meroni law-case.
In the academic literature, the EAs are often considered as the fourth branch of governments. What does this mean? After an overview about basics elements of EAs and a discussion about the main problems involved, we will come to our conclusion.
Table of Contents
1. Introduction
2. Evolution of European Agencies
2.1. Types of European Agencies
3. Legal Framework and Community method
4. Delegated power and the Meroni law-case
5. EU Agencies: Fourth Branch?
6. Conclusion
Research Objectives and Key Topics
This academic paper aims to examine the role, classification, and legal challenges surrounding European Agencies (EAs) within the European Union. It specifically explores the tension between the delegation of powers to these agencies and the constitutional constraints established by European law, ultimately questioning whether EAs function as a distinct "fourth branch" of government.
- The historical evolution and organizational development of European Agencies.
- Functional categorization of agencies, including information and regulatory bodies.
- The legal framework of the Community method and the delegation of executive versus discretionary powers.
- Analysis of the "Meroni" doctrine and its implications for institutional balance.
- The theoretical perspective of European Agencies as the "fourth branch" of government.
Excerpt from the Book
4. Delegated power and the Meroni law-case
The first question, which arises when we talk about delegation of power, is: How much competence can the European Commission transfer to this independent bodies?
It is clear that the Commission cannot delegate everything, according to Curtin the problem lies in the lack of formal delegation to EAs. (Curtin, 2009: 146)
In order to understand better the matter of delegating power we have here to mention an important case law of 1958, with which the constitutional path began, it is the Meroni v High Authority case.
The Meroni Company, the applicant, complained that the High Authority, which we today call European Commission, had delegated power to an agencies it was not supposed to, without following the conditions the Treaty mentions.
Two independent bodies (agencies) were set up to supervise measures of shortage of scrap iron, they could put into effect financial arrangement for ensuring a regular supply of ferrous scrap for the Common Market. In this context, the Meroni Company was asked to pay. Meroni Company refused to cooperate and claimed that the High Authority illegally delegated powers. The decision of the court was: High Authority can delegate powers to an agency if necessary, but with two very restrictive conditions: delegation of powers (subject to its supervision) had to be laid down explicitly in advance and the High Authority was not allowed to delegate more powers than it actually possessed. Generally, we can say that the outcome is that delegation of discretionary powers was, therefore, not possible (Esposito, 1999).
Chapter Summary
1. Introduction: Outlines the rise of European Agencies and sets the research goal to explore their role, legal framework, and the problem of delegated power.
2. Evolution of European Agencies: Examines the emergence of agencies since the 1990s and analyzes their organizational structure and increasing number.
2.1. Types of European Agencies: Distinguishes between information and regulatory agencies, highlighting their varying levels of authority and decision-making power.
3. Legal Framework and Community method: Analyzes the shift in legal bases for agency establishment and the distinction between delegated and implementing acts.
4. Delegated power and the Meroni law-case: Discusses the constitutional limits on the Commission's ability to delegate powers, using the Meroni case as a fundamental precedent.
5. EU Agencies: Fourth Branch?: Explores the conceptualization of agencies as a fourth branch of government and evaluates their independence versus institutional deficit.
6. Conclusion: Summarizes that while agencies enhance expertise and credibility, the lack of a clear legal definition for delegated power remains a significant challenge.
Keywords
European Agencies, European Commission, Delegation of Power, Meroni Case, Fourth Branch of Government, Community Method, Regulatory Agencies, Institutional Balance, Administrative Law, Executive Power, European Union, Governance, Jurisdictional Supervision, Policy-making, EU Institutions.
Frequently Asked Questions
What is the core subject of this paper?
The paper focuses on the development, role, and legal challenges of European Agencies (EAs) within the institutional structure of the European Union.
What are the primary themes discussed?
Key themes include the organizational evolution of agencies, their functional classification, the legal framework governing their establishment, and the constitutional limits of delegated authority.
What is the primary research goal?
The objective is to analyze the role and types of EAs and address the critical question of how much power the European Commission can legitimately delegate to these independent bodies.
Which scientific methodology is applied?
The author employs a qualitative approach, utilizing existing academic literature, case law analysis (specifically the Meroni case), and a functional analysis of organizational structures to evaluate the impact of EAs.
What is covered in the main body of the work?
The main body examines the growth of agencies since the 1990s, differentiates between information and regulatory types, explores the impact of the Lisbon Treaty on delegated legislation, and discusses the "fourth branch" theory.
Which keywords define this work?
Central keywords include European Agencies, delegation of power, Meroni Case, regulatory agencies, Community Method, and institutional balance.
What did the Court decide in the Meroni case?
The Court ruled that while the High Authority (now Commission) can delegate powers to an agency if necessary, it must meet two conditions: the delegation must be explicitly authorized in advance, and the authority cannot delegate more power than it possesses itself, specifically prohibiting the delegation of discretionary powers.
Why is the "Fourth Branch" concept significant?
The concept is significant because it highlights the debate over whether agencies, which operate with a degree of independence from the core EU institutions, function as a separate, regulatory branch of government, potentially creating an "institutional deficit."
- Quote paper
- Amelia Martha Matera (Author), 2018, European Agencies. Development and legal framework, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/416259
