LE AGENZIE DELL'UNIONE EUROPEA

The research covers all the different types of EU agencies, with a comprehensive approach to the agencification process. The first chapter deals with two fundamental models that have influenced EU agencies: the New Public Management and the International administrative Unions. The second chapter gives a definition of ‘EU agency’ and then sketchs a map of the agencies created so far, highlighting the similarities and the differences concerning the legal basis, the internal structure, the role of the executive director, the board of administration and the scientific commettees and finally the acts enacted by EU agencies. Then the analyses turns on targeting the judicial review of those acts, considering both the influnce of the Court of Justice (CJ) and that of the internal boards of appeal or the Commission as administrative judge. The impact of the European Ombudsman is evaluated as well. The fourth chapter deals with the limits of delegation of powers in the EU legal order; the basic idea is that delegation of powers to agencies at EU level needs to take into account the peculiar role of the Commission. In this context, the jurisprudence of the CJ is examinated and in particular a new reading of the ‘Meroni doctrine’ is given. The limits stemming from the Treaties, especially art. 290-291 TFEU, are taken into account too. Finally, the highly complicated external relations of EU agencies are described and framed, in order to deal with two issues: the legitimacy of those relations and the possible international legal personality of EU agencies.