The european agencies in the European Administrative Law | 2014

Author(s) Rita Ribeiro de Barros
Advisor(s) Isabel Celeste M. Fonseca and Ricardo Alexandre Sousa da Cunha
Year 2014

Synopsis The phenomenon of “agencification”, characterized by the proliferation of specialized agencies with missions and powers for the realization of European policies, is from the moment of its creation shrouded in controversy, due to lack of an adequate legal and institutional framework. Their boundaries are present not clearly defined, making it difficult to monitor and evaluate their performance. This importation of a reality typical of Anglo-Saxon law, which dates back to the seventies, has not been adequately adapted to the European situation, so it requires a prior analysis of state phenomenon, and then the understanding of the impact of their transposition into european context. Indeed, not withstanding some actions undertaken by the Commission, which relate to the development of communications and proposals aimed at elucidating the role of agencies in the European institutional landscape, few contributions have been given to the clarification of this reality. Fact is that the use of this figure is becoming more pronounced, thus becoming an integral part of the workings of the European Union, which justifies the need for clarification of their role and the mechanisms by which they are governed. In reality, when the subject is the European agencies, there is nothing very concrete: they are created by the Commission or the Council, and are assigned specific tasks, within which have powers to its implementation, but little more is known, given the lack of a strict supervision over their activity, which makes a difficult analysis of its evolution and the drawing conclusions regarding its performance, contributing to the opacity that characterizes them. Due to its complexity and novelty and lack of clarity around its procedure and before the scenario presented urges ask: what is the role of these agencies in the European Union Administrative Law and does the future hold for these agencies?

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