The External Dimension of EU Agencies and Bodies
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The External Dimension of EU Agencies and Bodies

Law and Policy

Edited by Herwig C.H. Hofmann, Ellen Vos and Merijn Chamon

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.
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Chapter 2: Constitutional limits to the EU agencies external relations

Merijn Chamon and Valerie Demedts


This chapter traces the constitutional limits to the external action of EU agencies. It argues that these limits are a combination of the general constitutional limits on EU action, the institutional balance in EU external relations (as most recently clarified by the Court of Justice in Case C-660/13) and the specific limits to EU agency action (the Meroni doctrine and the Common Approach on Decentralied Agencies). The working arrangements which the Commission Directorates General have concluded with a number of EU agencies pursuant to the Common Approach are assessed from this constitutional perspective. The chapter finds that the EU legislature has devoted insufficient attention to these limits when defining the agencies' external powers in their establishing regulations and identifies a possible way forward to ensure effective external action by EU agencies while respecting the relevant constitutional limits.

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