EU Administrative Governance

635 Pages·2006·10.369 MB·English

by  Herwig C. H. Hofmann, Alexander H. Turk

EU Administrative Governance
HHooffmmaannnn 0000 pprreelliimmss ii 44//55//0066 0088::3344::3333
HHooffmmaannnn 0000 pprreelliimmss iiii 44//55//0066 0088::3344::3333
EU Administrative
Governance
Edited by
Herwig C.H. Hofmann
Université du Luxembourg
and
Alexander H. Türk
School of Law, King’s College London, UK
Edward Elgar
Cheltenham, UK (cid:127) Northampton, MA, USA
HHooffmmaannnn 0000 pprreelliimmss iiiiii 44//55//0066 0088::3344::3333
© Herwig C.H. Hofmann and Alexander H. Türk 2006
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system or transmitted in any form or by any means, electronic,
mechanical or photocopying, recording, or otherwise without the prior
permission of the publisher.
Published by
Edward Elgar Publishing Limited
Glensanda House
Montpellier Parade
Cheltenham
Glos GL50 1UA
UK
Edward Elgar Publishing, Inc.
136 West Street
Suite 202
Northampton
Massachusetts 01060
USA
A catalogue record for this book
is available from the British Library
Library of Congress Cataloguing in Publication Data
EU administrative governance / edited by Herwig C.H. Hofmann and Alexander
H. Türk.
p. cm.
Includes bibliographical references.
1. European Union countries–Politics and government. 2. Administrative
agencies–European Union countries. 3. Administrative law–European Union
countries. I. Türk, Alexander. II. Hofmann, Herwig C.H.
JN32.E78 2006
352.11'4–dc22
2005054479
ISBN-13: 978 1 84542 285 1
ISBN-10: 1 84542 285 6
Printed and bound in Great Britain by MPG Books Ltd, Bodmin, Cornwall
HHooffmmaannnn 0000 pprreelliimmss iivv 44//55//0066 0088::3344::3333
Contents
List of fi gures vii
List of tables viii
List of contributors ix
Acknowledgements xii
An introduction to EU administrative governance 1
Herwig C.H. Hofmann and Alexander H. Türk
PART I POLICY PROCESS
1. Agenda setting in the European Commission: how the
European Commission structure and infl uence the EU
agenda 11
Torbjörn Larsson and Jarle Trondal
2. The involvement of administrative players in the EU
decision making process 44
Christine Neuhold and Elissaveta Radulova
3. Policy implementation 74
Herwig C.H. Hofmann and Alexander H. Türk
PART II SECTORAL AREAS
4. Comitology in environmental policy: practical experiences
between effi ciency and legitimacy 115
Gerhard Roller
5. European governance of food safety 146
Bettina Rudloff and Johannes Simons
6. Administrative governance in state aid policy 185
Herwig C.H. Hofmann
7. Modernisation of EC antitrust enforcement 215
Alexander H. Türk
8. Does the EU need a single European securities regulator? 244
Dorothee Fischer-Appelt
v
HHooffmmaannnn 0000 pprreelliimmss vv 44//55//0066 0088::3344::3333
vi Contents
9. Administrative governance and the Europeanisation of
asylum and immigration policy 287
Cathryn Costello
10. Administrative governance in the fi elds of EU police and
judicial co-operation 341
Hartmut Aden
11. Administrative governance and CFSP 361
Simon Duke and Sophie Vanhoonacker
PART III CROSS-SECTION ANALYSIS
12. EU committee governance and the multilevel community
administration 391
Jarle Trondal
13. Comitology and the Courts: tales of the unexpected 417
Kieran St. C. Bradley
14. Tools for the control of political and administrative agents:
impact assessment and administrative governance in the
European Union 448
Gerard C. Rowe
15. Re-conceptualising Europeanisation as a public law of
collisions: comitology, agencies and an interactive public
adjudication 512
Michelle Everson and Christian Joerges
16. The problem of democratic legitimacy in a supranational
government 541
Torbjörn Larsson and Guenther F. Schaefer
CONCLUSION
17. Conclusions: Europe’s integrated administration 573
Herwig C.H. Hofmann and Alexander H. Türk
Index 597
HHooffmmaannnn 0000 pprreelliimmss vvii 44//55//0066 0088::3344::3333
Figures
2.1 Policy cycle 45
2.2 Council infrastructure 51
2.3 Basic scheme of institutional interactions in the process of
policy co-ordination 60
5.1 Difference between expert and lay people risk assessment 156
5.2 Allocation of EU and Member State competences according
to the risk analysis concept 163
5.3 Scientific contribution to regulatory impact assessments 170
vii
HHooffmmaannnn 0000 pprreelliimmss vviiii 44//55//0066 0088::3344::3333
Tables
2.1 Staff of the Community institutions: comparison 1970–2003 46
2.2 Council working parties (as of 2004) 50
4.1 Types of committees according to applicable procedure 118
4.2 Competences of the Art. 18 Committee 120
4.3 Competences of committees in the field of dangerous
substances 122
4.4 Competences of committees in the field of GMOs 123
5.1 Scientific principles of the EFSA 166
5.2 Communication strategies at EU level 172
6.1 Procedures of state aid control 190
10.1 Main institutional structures of political and
administrative governance in the fields of EU police and
judicial co-operation 342
11.1 378
12.1 Composition of the sample, by Member State and
institutional affiliation 401
12.2 Working time consumed on EU committee work,
by position (%) 402
12.3 Percentage who to a great extent feel allegiance to (identify
with or feel responsible to) the following when participating
in EU committees 404
12.4 Officials’ perception of the role of colleagues from other
countries when participating in EU committees (%) 404
12.5 Percentage who gave much consideration to proposals,
statements and arguments from the following when
participating in EU committees 405
12.6 National officials’ perceptions of Commission officials’
independence of particular national interests when
participating in EU committees (%) 406
12.7 Percentage of officials who co-ordinate their ‘position’
most of the time before participating in EU committee
meetings 408
14.1 Implementational politics and regulatory outcomes 495
viii
HHooffmmaannnn 0000 pprreelliimmss vviiiiii 44//55//0066 0088::3344::3333
Contributors
Hartmut Aden is an Assistant Professor of European and German Public
Law and Political Science at the University of Hanover (Germany). His
teaching and research areas mainly cover questions related to multi-level
governance in the fi elds of environmental law and policy, internal security,
human rights and the information society.
Kieran St. C. Bradley is the Head of the Legislation Unit of the European
Parliament’s Legal Service. He has also previously worked at the European
Court of Justice and has taught, inter alia, at Harvard Law School. In
2003 and 2004, he served on both groups of legal experts who advised on
the drafting of the Constitution for Europe.
Cathryn Costello took up a Senior Research Fellowship in Public and
EC Law at Worcester College, Oxford, in October 2003. She is currently
working on a monograph on EU immigration law. From 1998–2003 she
was Lecturer in European Law at the Law School, Trinity College Dublin,
and from 2000–2003, she also held the position of Director of the Irish
Centre for European Law.
Simon Duke is an Associate Professor at the European Institute of Public
Administration, Maastricht, where he specialises in EU Common Foreign
and Security Policy issues. He has published a number of books in this
area as well as journal articles.
Michelle Everson is Professor in Law at Birkbeck College, University of
London, where she specialises in European law, constitutional law and
economic law. She has researched widely in the fi eld of European
administrative and constitutional law, and has published many articles in
this fi eld.
Dorothee Fischer-Appelt has been a member of the US Law Group in
Allen & Overy LLP’s London offi ce since 2003 after having practiced
at Sullivan & Cromwell LLP’s New York offi ce since 1997 and has
experience in international capital markets transactions, as well as cross-
ix
HHooffmmaannnn 0000 pprreelliimmss iixx 44//55//0066 0088::3344::3333