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Marcus Navin-Jones
European Public Law
Volume 30, Issue 3 (2024) pp. 269 – 300
https://doi.org/10.54648/euro2024022
Abstract
EU Agencies’ decision-making should have credibility with stakeholders and the public. Boards of Appeal (BOAs) play an important role in safeguarding the quality and credibility of Agencies’ decision-making, and the resultant confidence that stakeholders and the public can have in it. The amendment to the Statute of the Court of Justice of the European Union to include BOAs into the judicial architecture, denotes the confidence that the Courts have in the legal ability for BOAs to fulfil this role. Recent case-law from the EU Courts further underlines the importance of the role itself. This paper focuses on the clarified legal status of BOAs, their independence, the division of responsibilities between BOAs and their respective agencies, and the challenges – in practice – of bridging the legal expectations of BOAs, with the practical realities.
Keywords
European Union, BOA, Board of Appeal, Appeal Board, functioning, Boards of Appeal,division of responsibilities, legal status, intensity of review, standard of review, Aquind, Appeal Boards, functional independence, allocation of competences, separation of duties
Extract
This article applies the principal-agent model to examine the discretion of the European External Action Service (EEAS) agent vis-à-vis the Member State (MS) principals in the negotiation of the EU-Moldova Association Agreement including the Deep and Comprehensive Free Trade Agreement (DCFTA). The EEAS was allocated various responsibilities in each of these policy areas. While the EEAS is in charge of negotiations on political association, it does not lead in the area of free trade talks; the Directorate General for Trade of the European Commission plays a greater role in this process. Moreover, in the areas of sectoral cooperation pertinent to the EU-Moldova Association Agreement, the EEAS has to rely extensively on the expertise of the European Commission's Directorates General. The European Commission therefore functions as a horizontal check with regard to the EEAS. The article finds that in order to monitor and control the EEAS' action throughout the negotiation of the EU-Moldova Association Agreement, the MS employ ex ante and ex post mechanisms. The control exercised by the MS and the checks applied by the Commission considerably limit the EEAS' discretion in pursuing the Association Agreement and the DCFTA between the EU and Moldova. Besides applying the principal-agent model, the original empirical research of this article contributes to the understanding of the EU's post-Lisbon foreign policy institutional architecture.
European Foreign Affairs Review