EU Administrative Governance Hofmann 00 prelims i 4/5/06 08:34:33 Hofmann 00 prelims ii 4/5/06 08:34:33 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 • Northampton, MA, USA Hofmann 00 prelims iii 4/5/06 08:34:33 © 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 Hofmann 00 prelims iv 4/5/06 08:34:33 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 Hofmann 00 prelims v 4/5/06 08:34:33 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 Hofmann 00 prelims vi 4/5/06 08:34:33 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 Hofmann 00 prelims vii 4/5/06 08:34:33 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 Hofmann 00 prelims viii 4/5/06 08:34:33 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 Hofmann 00 prelims ix 4/5/06 08:34:33 x Contributors border mergers and acquisitions. She frequently lectures on EU fi nancial services legislation and US securities laws and wrote her PhD thesis on EU agencies. Herwig C.H. Hofmann is Professor of Transnational Public Law at the University of Luxembourg and was Lecturer at Trinity College Law School, Dublin, Ireland. His areas of specialisation are European constitutional, administrative and regulatory law, as well as international trade law. Christian Joerges was Professor in Bremen and Co-Director of the Centre for European Law and Politics at that University until 1998. He is now Professor for European Economic Law at the European University Institute. His present research deals with transnational risk regulation, the Europeanisation of private law and anti-liberal traditions of legal thought in Europe. Torbjörn Larsson has been an Associated Professor at the department of Political Science at Stockholm University since 1994. During 1996–2001 he was an Associated Professor at European Institute of Public Administration in Maastricht. Christine Neuhold is an Assistant Professor at the University of Maastricht within the European Studies Programme. Her fi elds of specialisation are decision making and institutions in the EU multi-level system of governance, questions of democratic legitimacy and Treaty reform and EU policies. Gerhard Roller is Professor for environmental law and economics at the University for Applied Sciences, Bingen, Germany and Chercheur associé aux Facultés universitaires St Louis, Brussels. Elissaveta Radulova is a Researcher at the University of Maastricht. the Netherlands. She holds an MA in International Relations and an MA in European Public Affairs. She is currently working on her PhD-project on the effectiveness of the Open Method of Coordination. Among her research interests are modes of governance in the EU, the Lisbon process, problem-solving capacity of the EU, application of the Open Method of Coordination in employment and research policies. Gerard C. Rowe is Professor of Public, Administrative, Environmental and Local Government Law, Comparative Law and Economic Analysis of Law at the Europa-Universitaet Viadrina Frankfurt (Oder) (Germany). Hofmann 00 prelims x 4/5/06 08:34:33 Contributors xi Bettina Rudloff is Assistant Professor at the Institute for Agricultural Policy, University of Bonn, Germany and external Lecturer at the Euro- pean Institute of Public Administration, Maastricht, The Netherlands.