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Controlling EU Agencies

The Rule of Law in a Multi-jurisdictional Legal Order Edited by Miroslava Scholten, Associate Professor of EU Law, Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE),Utrecht University and Alex Brenninkmeijer, Member of the European Court of Auditors and Professor of the Rule of Law’s Institutional Aspects, Utrecht University, the Netherlands
Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification, Europeanisation of the executive in the EU and shared administration.
Extent: c 369 pp
Hardback Price: $150.00 Web: $135.00
Publication Date: May 2020
ISBN: 978 1 78990 541 0
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  • Law - Academic
  • Constitutional and Administrative Law
  • European Law
  • Legal Theory
Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification, Europeanisation of the executive in the EU and shared administration.

Expert multi-disciplinary contributors explore the potential of interconnecting different concepts and types of controls, as well as different outputs of EU agencies, to address the challenges and limitations that individual types of control present. Insightful chapters analyse these issues in relation to individual concepts of control - autonomy, accountability, effective judicial protection, deference, protection of fundamental rights, transparency, liability – as well as specifically for different types of agencies’ outputs, including both soft and hard laws and enforcement actions. Through the creation of a systemic view, the book suggests ways in which this system of controls may be improved for the future.

Timely and engaging, this book will be of great interest to scholars and students of law, governance, public administration and political science, especially those investigating controls of public power. It will also provide an important resource for researchers and officials dealing with design and operation of EU agencies.
‘This book, so fully documenting the profusion of EU administrative agencies, their importance, and the variety of their practices and authorities, makes clear the need for uniform procedural provisions, such as have been drafted by the impressive Research Network on EU Administrative Law (ReNEUAL).’
– Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, US
Contributors include: G.J. Brandsma, A. Brenninkmeijer, A. Buijze , F. Cacciatore, M. Catanzariti, M. Chamon, P. Craig, E. de Jong, M. Eliantonio, D. Fernandez-Rojo, S. Gabbi, T. Huisjes, B. Kleizen, M. Maggetti, C. Moser, F. Meyer, L. Mustert, S. Nicolosi, Y. Papadopoulos, S. Prechal, M. Scholten, M. Simoncini, B. Strauss, J. Timmermans, S. Tosza, A.H. Türk, M. van Rijsbergen, K. Verhoest, R. Widdershoven, M. Wood
Contents:

Preface
1. Controlling EU Agencies: an Introduction
Miroslava Scholten, Béla Strauss and Alex Brenninkmeijer

2. EU agencies and the rise of a mixed administration in the EU multi-jurisdictional setting: facing the challenges of the rule of law
Mariavittoria Catanzariti and Alexander H. Türk

3. Opportunities and threats of agency autonomy in EU governance: integrating separate debates
Bjorn Kleizen and Koen Verhoest

4. Accountability in a multi-jurisdictional order
Gijs Jan Brandsma and Carolyn Moser

5. Principle of Effective Judicial Protection
Sacha Prechal and Rob Widdershoven

6. Judicial Review and Judicial Deference
Paul Craig

7. EU Agency Tort Law and its Limited Role in Controlling Agencies
Elbert de Jong

8. Protection of fundamental rights in a multi-jurisdictional setting of the EU
Frank Meyer

9. Transparency in the multi-jurisdictional setting of the EU
Anoeska Buijze

10. Out of control? The case of the European Asylum Support Office
Salvatore F. Nicolosi and David Fernandez-Rojo

11. Controlling the European Food Safety Authority
Simone Gabbi, Matthew Wood and Béla Strauss

12. Quis custodiet ipsos custodes? Assessing the systems of controls of the European Fisheries Control Agency’s inspecting powers
Federica Cacciatore and Mariolina Eliantonio

13. Eurojust: mechanisms controlling the agency for coordination and cooperation in criminal matters
Tom Huisjes and Stanislaw Tosza

14. Controls in the case of the EU civil aviation safety rules
Lisette Mustert and Miroslava Scholten

15. Controlling ESMA’s enforcement powers
Marloes van Rijsbergen and Marta Simoncini

16. Controlling the SRB’s resolution powers
Jolien Timmermans and Merijn Chamon

17. Towards a comprehensive system of controls for EU agencies
Miroslava Scholten, Martino Maggetti and Yannis Papadopoulos

Index