Controlling EU Agencies


Controlling EU Agencies

The Rule of Law in a Multi-jurisdictional Legal Order

9781789905410 Edward Elgar Publishing
Edited by Miroslava Scholten, Associate Professor of EU law enforcement, Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE), Department of International and EU law, Faculty of Law, Economics and Governance, Utrecht University and the late Alex Brenninkmeijer, formerly Member of the European Court of Auditors and Professor of the Rule of Law’s Institutional Aspects, Utrecht University, the Netherlands
Publication Date: 2020 ISBN: 978 1 78990 541 0 Extent: 360 pp
Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.

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Critical Acclaim
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Controlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU.

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. 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.
Critical Acclaim
‘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: 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, F. Meyer, C. Moser, L. Mustert, S.F. 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

1 Controlling EU agencies: an introduction 1
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 18
Mariavittoria Catanzariti and Alexander H. Türk
3 Opportunities and threats of agency autonomy in EU
governance: integrating separate debates 39
Bjorn Kleizen and Koen Verhoest
4 Accountability in a multi-jurisdictional order 60
Gijs Jan Brandsma and Carolyn Moser
5 Principle of effective judicial protection 80
Sacha Prechal and Rob Widdershoven
6 Judicial review and judicial deference 98
Paul Craig
7 EU agency tort law and its limited role in controlling agencies 117
Elbert de Jong
8 Protection of fundamental rights in a multi-jurisdictional
setting of the EU 134
Frank Meyer
9 Transparency in the multi-jurisdictional setting of the EU 157
Anoeska Buijze

10 Out of control? The case of the European Asylum
Support Office 177
Salvatore F. Nicolosi and David Fernandez-Rojo
11 Controlling the European Food Safety Authority 196
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 215
Federica Cacciatore and Mariolina Eliantonio
13 Eurojust: mechanisms controlling the agency for
coordination and cooperation in criminal matters 234
Tom Huisjes and Stanisław Tosza
14 Controls in the case of the EU civil aviation safety rules 252
Lisette Mustert and Miroslava Scholten
15 Controlling ESMA’s enforcement powers 272
Marloes van Rijsbergen and Marta Simoncini
16 Controlling the SRB’s resolution powers 293
Jolien Timmermans and Merijn Chamon
17 Towards a comprehensive system of controls for EU agencies 312
Miroslava Scholten, Martino Maggetti and Yannis Papadopoulos

Index 328
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