Shared Tasks, but Separated Controls. How to build a system of control for EU shared administration?

Based on: ‘Shared Tasks, but Separated Controls: Building the System of Control for Shared Administration in an EU Multi-Jurisdictional Setting’, EJRR, 2019.

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).

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Mind the trend! Direct enforcement of EU law and policies is moving to ‘Brussels’

A sealed sign with the EU flag does not automatically mean ‘sealed by the EU Commission’ anymore. The number of EU entities acquiring direct enforcement powers has grown from one to eight recently. The first post of this blog puts on the map and raises awareness of an ongoing development in the EU law and governance – proliferation of EU enforcement authorities (EEAs) – which so far has been unnoticed. The aim is to launch a discussion of the aims, means and challenges of this development to understand and contribute to shaping of effective and secure law enforcement in the EU.

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