Constitutional Aspects of the Pluralisation of the EU Executive Through ‘Agencification’

41 Pages Posted: 2 Apr 2012 Last revised: 27 Jan 2014

Date Written: March 30, 2012


The Treaty of Lisbon has put emphasis on a more strict separation of executive functions between the EU and the Member States. At the same time it attempts to concentrate more executive powers on the Union level in the hands of the Commission. This article argues that the Treaty of Lisbon’s innovations have some paradoxical effects. In reality they favour the ongoing diversification towards more hybrid and collaborative executive structures. The article discusses, from the point of view of an EU constitutional law, possible explanations and models for understanding and assessing the ongoing delegation of powers.

Suggested Citation

Hofmann, Herwig C.H. and Morini, Alessandro, Constitutional Aspects of the Pluralisation of the EU Executive Through ‘Agencification’ (March 30, 2012). University of Luxembourg Law Working Paper No. 2012-01. Available at SSRN: or

Herwig C.H. Hofmann (Contact Author)

Universite du Luxembourg ( email )


Alessandro Morini

University of Bergamo ( email )

Via Salvecchio, 19
Bergamo, 24129

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