Title
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Opportunities and threats of agency autonomy in EU governance : integrating separate debates
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Author
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Abstract
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In a constitutional setting dominated by the EU Treaties and the institutional balance enshrined within them, the delegation of competences to semi-autonomous bodies not foreseen by the Treaties remains hotly contested. Moreover, with an ever-increasing number of parties lamenting technocratic integration based on what they perceive as questionable democratic legitimation, governing and controlling such unelected, semi-autonomous bodies has become a topic of greater interest than the academic debate alone. This chapter seeks to advance the literature by integrating various perspectives that have emerged on the balance between control and autonomy in different academic debates, as they all provide important insights on the tensions between agency self-determination, political feasibility, constitutional boundaries and control. It will be argued that the result of this balancing act, in turn, has implications for the extent to which the agency form can be used for policy implementation, shielding decision-making from the political level, and when using the agency form would constitute a threat to the rule of law. |
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Language
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English
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Source (book)
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Controlling EU Agencies: The Rule of Law in a Multi-jurisdictional Legal Order, Scholten, M. [edit.], et al. [edit.]
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Publication
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Cheltenham
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Edward Elgar Publishing
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2020
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ISBN
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978-1-78990-541-0
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Volume/pages
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p. 39-59
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