Collegiality in the European Commission

Collegiality in the European Commission

Author: Maria Patrin

Publisher: Oxford University Press

Published: 2023-11-15

Total Pages: 321

ISBN-13: 0198873743

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Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making — from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.


Collegiality in the European Commission

Collegiality in the European Commission

Author: Maria Patrin

Publisher: Oxford University Press

Published: 2023-12-07

Total Pages: 321

ISBN-13: 0198873727

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Collegiality is a core legal principle of the European Commission's internal decision-making, acting as a safeguard to the Commission's supranational character and ensuring the Commission's independence from EU Member States. Despite collegiality's central role within the Commission, its legal and political implications have remained critically underexamined. Collegiality in the European Commission sheds light on this crucial aspect of the Commission's work for the first time. In this novel study on collegiality, Maria Patrin proposes an innovative framework for assessing the Commission's institutional role and power. The book's first part legally examines collegiality, retracing collegial procedures and actors in different layers of decision-making -- from the Commission's services to the College of Commissioners. The second part of the book explores the implementation of collegiality through illustrative case studies, focusing on various Commission functions including legislative initiative, infringement proceedings, and economic governance. Partin's empirical analysis unveils a disconnect between the legal notion of collegiality and its concrete application in institutional practices. These variations raise normative questions on how to ensure the unity of the Commission as a collegial body despite the diversification of decision-making functions. They also invite a re-examination of the Commission's multifaceted role in the current EU institutional, legal, and political setting. Adopting an interdisciplinary approach that delves into both the legal substance and the political-institutional practice of collegiality, this book offers a unique, behind-the-scenes insight into the Commission's decision-making processes, furthering our understanding of the EU's institutional system.


The Causes and Consequences of the Collegial Implementation of European Competition Law

The Causes and Consequences of the Collegial Implementation of European Competition Law

Author: Yannis Karagiannis

Publisher:

Published: 2013

Total Pages: 0

ISBN-13:

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A major achievement of the new institutionalism is the formalisation of the idea that certain policies, such as competition law, are more efficient when administered by a politically independent organisation. Based on this insight, several practitioners and scholars criticise the European Community for relying too much on a multitask, collegial, and therefore politicised organisation, the European Commission. Defining collegiality as the involvement of non-expert commissioners in the implementation of the EC competition law, this article offers the first interdisciplinary analysis of the causes and consequences of that peculiar European institution. The central finding is that, far from being a mistake or the product of unanticipated consequences, collegiality was a necessary condition for the creation of supranational European law.


The European Commission

The European Commission

Author: Michelle Cini

Publisher: Manchester University Press

Published: 1996

Total Pages: 260

ISBN-13: 9780719041495

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Drawing on up-to-date sources, both academic and journalistic, this book sets out to explain what the European Commission does, how it does it, and why.


The Presidency of the European Commission under Jacques Delors

The Presidency of the European Commission under Jacques Delors

Author: K. Endo

Publisher: Springer

Published: 1999-01-13

Total Pages: 276

ISBN-13: 0333984161

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This work is the first systematic study of the presidency of the European Commission. Drawing upon cases of attempted leadership by Jacques Delors, the Commission President from 1985-95, it examines the leadership capacity of the office-holder. This points to the inherently shared and contingent nature of Commission President's leadership in a Union where the leadership sources are widely dispersed. While this is essentially an empirical study, Endo addresses some of the theoretical implications of its findings and resulting issues.


The European Commission

The European Commission

Author: Neill Nugent

Publisher: Bloomsbury Publishing

Published: 2015-10-26

Total Pages: 456

ISBN-13: 1137543337

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The European Commission is at the very heart of the European integration process and, with the Council, is one of the two central institutions of the European Union. Its activist role under Jacques Delors led to a dramatic increase in its activity and influence and contributed to a crisis of confidence in its effectiveness and its lack of adequate financial controls which culminated in the resignation of the entire Commission under Jacques Santer in 1999. What progress has the Commission made in addressing these issues under Romano Prodi? What are its prospects in face of the new challenges of Eastward enlargement? How great is its influence and how does this vary according to issues and circumstances? What are the implications of its hybrid character as a political and administrative body? How much has the Commission changed over time and how much - and how - does it need to change now? Written by a leading authority and author of the best-selling introductory text on the EU, this major new text provides the definitive introduction to, and assessment of the Commission, its evolution, composition, organisation, character, functioning and role. Comprehensive, up to date and based on extensive original research it will be essential reading for students of European integration; politicians, policy makers and functionaries; and anyone with a serious interest in the European Union, its current character and future prospects.


The Enforcement of EU Law

The Enforcement of EU Law

Author: Stine Andersen

Publisher: OUP Oxford

Published: 2012-11-29

Total Pages: 292

ISBN-13: 0191650056

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A comprehensive analysis of the European Commission's general role in supervising member state compliance with EU law, this book provides a detailed assessment of centralized EU enforcement. It starts out by asking whether it is viable to establish stronger Commission powers of enforcement at this point in time. Against this backdrop, and as a means of exploring the role of the Commission, the chapters examine a number of different aspects pertaining to enforcement of EU law. Beginning with an appraisal of the Commission's function under the general EU infringement procedure stipulated in Articles 258 and 260 TFEU, the volume argues that the EU lacks independent self-sustained regime authority. Moreover, this is reflected in both substantive EU law and procedural law, including the general EU infringement procedure. Chapter two makes the case that Article 258 TFEU can usefully be explained in terms of managerialism. Chapter three analyses Article 260 TFEU concerning repetitive infringements. In particular, it asserts, EU member state sanctions sustain the managerial approach. It then goes on to examine the Commission's unsuccessful attempts to gain sharper enforcement powers through secondary legislation, and identifies the effective points of functional overlap between enforcement powers and certain types of implementing tools. Finally, it discusses the Commission's role under various non-binding, ad hoc arrangements. The concluding chapter places the general EU infringement procedure in the broader context of a comprehensive (negotiated) policy process. It argues that the enforcement stage shares many features with earlier steps in the legislative process, including flexibility and deliberation.


Which Policy for Europe?

Which Policy for Europe?

Author: Miriam Hartlapp

Publisher: OUP Oxford

Published: 2014-09-11

Total Pages: 359

ISBN-13: 0191511900

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The European Commission is at the center of the European Union's political system. Within its five-year terms each Commission proposes up to 2000 binding legal acts and therefore crucially shapes EU policy, which in turn impacts on the daily lives of more than 500 million European citizens. However, despite the Commissions key role in setting the agenda for European decision making, little is known about its internal dynamics when preparing legislation. This book provides a problem-driven, theoretically-founded, and empirically rich treatment of the so far still understudied process of position-formation inside the European Commission. It reveals that various internal political positions prevail and that the role of power and conflict inside the European Commission is essential to understanding its policy proposals. Opening the 'black box' of the Commission, the book identifies three ideal types of internal position-formation. The Commission is motivated by technocratic problem-solving, by competence-seeking utility maximization or ideologically-motivated policyseeking. Specifying conditions that favor one logic over the others, the typology furthers understanding of how the EU system functions and provides novel explanations of EU policies with substantial societal implications.


A Creeping Transformation?

A Creeping Transformation?

Author: Michael W. Bauer

Publisher: Springer Science & Business Media

Published: 2013-03-14

Total Pages: 216

ISBN-13: 9401705674

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How can we approach the Commission's role as co-manager of policy implementation? Why should we expect the Commission to be pulled into domestic policy execution and to accumulate something like an implementation management capacity? How should we conceptualise the Commission's linkage with post-decision management issues? Finally, how does the Commission's involvement in the application of EU policies, if any, significantly change everything? Such questions are answered in this study, which is concerned with what may be called the implementation management capacity of the European Commission. Simply put, this is the role the Commission plays in the implementation of large-scale European spending programmes. While it is true that the Commission's predominant prerogatives are to draft legislation and facilitate bargaining, it also has a role in post-decision policy management. This role is of increasing importance for the emerging governance of the European Union. Readership: social scientists, journalists and all those interested in the role of the European Commission in shaping EU policies.


The European Commission of the Twenty-First Century

The European Commission of the Twenty-First Century

Author: Hussein Kassim

Publisher: OUP Oxford

Published: 2013-06-27

Total Pages: 400

ISBN-13: 0191612022

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The European Commission is arguably the world's most powerful international administration. It plays a central role in the political system of the European Union. The Commission is a permanent presence in the life of the member states, but its influence is felt far beyond their borders. Viewed historically as the motor of European integration, the Commission is the subject of intense controversy. It is portrayed frequently as technocratic, monolithic, and unaccountable, but also as fragmented and weakly led. According to accepted wisdom, it is populated by career bureaucrats, who want only to expand the competencies of the Union and therefore their own power. This book tests these views. It asks: Who are the people who work for the organization? What are their educational and professional backgrounds? What do officials believe about the role of the Commission in the EU today and whether the Union should have more or less power? What leads them to choose to pursue a career in the Commission, and how do they navigate its complexities? How does the Barroso Commission compare to previous Commissions? How harmonious are relations between cabinets and the services? What has been the impact on the Commission of reform and of the 'big bang' enlargement? Co-authored by an international team of researchers, this book draws on original data from the largest attitudinal survey ever conducted by independent researchers inside the Commission, as well as a structured programme of interviews with senior officials. It provides an authoritative account of the European Commission of the twenty-first century.