Law Enforcement by EU Authorities
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Law Enforcement by EU Authorities

Implications for Political and Judicial Accountability

Edited by Miroslava Scholten and Michiel Luchtman

EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
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Chapter 11: The interplay of mandates and accountability in enforcement within the EU

Florentin Blanc and Giuseppa Ottimofiore

Abstract

The chapter considers legal and actual accountability of EEAs, looking at the interplay between how mandates are defined, accountability exercised, and which outcomes can be assessed. It analyses if and how formulation of mandates and performance measurement can affect practices, accountability, and results for the public. The hypotheses investigated are: (1) Accountability is meaningful when it reflects regulatory outcomes in terms of public welfare. Mandates and performance indicators should be consistent with the primary goal of EEAs. (2) Accountability is not a mere mechanism, but substantive content in terms of mandate, goals and indicators being assessed. (3) The formulation and measurement of mandates, goals and indicators have effects on EEAs’ performance, operations, methods, use of resources and results. Performance management needs to be linked to accountability, to ensure that EEAs are held accountable for the way they carry out their mandate and not only for the implementation of procedures.

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