Linking EU and National Agencification Processes: A Growing Need to Overcome Inconsistencies
TARN Working Paper Series 2/18, May 2018
19 Pages Posted: 25 May 2018
Date Written: May 12, 2018
The agencification process in Europe presents two dimensions: the European Union (EU) and Member State levels. For the last three decades, the EU has relied on agencies to exercise its own competences—EU agencies. At the same time, the EU has bolstered agencies as a form of government and administration at the national level—national regulators shaped by EU law. The paper aims to analyse the legal thought underlying the agencification process both at the EU and national levels. It draws attention to discrepancies between agencies, as well as divergences in legal thought, which surface at both levels. These differences are especially relevant considering that the EU has been an agent of change, introducing agencies at the core of national institutional frameworks through EU secondary legislation. The lack of communication between the two levels in the agencification process may jeopardise the proper implementation of agencies, especially at the national sphere.
The paper explores the communication mechanisms between the two levels in the agencification process. I study the possibilities of the institutional autonomy principle and, particularly, the constitutional identity clause (article 4.2 TEU). The latter has an unexplored potential to redirect the debate and to introduce national interests into the EU debate on agencies. Both levels in the agencification process in Europe should focus on sharing concerns and experiences to improve the role, powers and control of agencies, both at the EU and national levels.
Keywords: Constitutional identity, EU agencies, institutional and procedural autonomy, institutional balance, legal thought, national regulators
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