In my first blog post for this blog page, I signaled a rapid proliferation of EU enforcement authorities (EEAs). These EEAs are an example of a growing administration of shared tasks – regulatory and enforcement – in the EU. The establishment of these complex, multi-level governance structures and decision-making procedures is necessary to address “wicked problems” (think, for instance, about the need to protect environment), which require cooperation of and involvement of various stakeholders. Establishing these complex structures and procedures requires in turn sophisticated systems of controls over public power to safeguard the rule of law. How to build such a system? My main argument is that it is through a framework in which a number of elements need to be connected. These elements include:
- relevant concepts of control (accountability, protection of fundamental rights, etc);
- types of controls (political, judicial, etc) that these concepts may represent;
- analytical prisms that they may create (institutional, decision-driven and rights-driven); and
- systems of controls belonging to different jurisdictions/legal orders in the EU (EU-national and national-national).