Table of Contents

Comparative Administrative Law

Comparative Administrative Law

Research Handbooks in Comparative Law series

Edited by Susan Rose-Ackerman and Peter L. Lindseth

This research handbook is a comprehensive overview of the field of comparative administrative law. The specially commissioned chapters in this landmark volume represent a broad, multi-method approach combining perspectives from history and social science with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines.

Chapter 36: Supranational Governance and Networked Accountability Structures: Member State Oversight of EU Agencies

Johannes Saurer

Subjects: law - academic, comparative law, constitutional and administrative law

Extract

Johannes Saurer The most remarkable recent development in EU administrative law is the widespread establishment of European agencies. Beginning in the early 1990s, EU agencies emerged as significant actors in a number of areas, including trademark law, pharmaceutical licensing and aviation safety. EU agencies are best understood, however, not as autonomous regulators at the federal level, but as the most recent expression of European governance through administrative networks. The regulatory intertwining of supranational and national authorities in the EU is significantly different from the division of authority between federal and state bureaucracies in the United States federal system (Peters 2006). Hence, the accountability of European agencies to the EU and to Member States has unique features that can be traced to the dynamics of European integration. Accountability is largely a function of networked institutional relations that link European administrative entities to both supranational and national forums of accountability (Hofmann 2008: 671, Vos 2005: 125 ff.). This chapter concentrates on the second form of accountability through an in-depth exploration of the way Member States oversee EU agencies. Oversight, here, covers monitoring, hearings, budgetary reviews or judicial actions, as well as procedural constraints.1 Section 1 locates the EU agencies within the emerging networks of the EU administrative sphere. Section 2 provides an overview of the unity and diversity of the accountability architecture of the European agencies. Section 3 examines the oversight competences and activities of the Member States, distinguishing internal and external oversight mechanisms. Section 4 reflects on the consequences of this...

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