The evolution of European agencies’ competences in civil aviation

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 by José Ricardo Sousa, member of CEDU

Over the last years, the European Union (EU) has dealt with a structural metamorphosis to face the new contemporary challenges, together with the will to continue the idea of Europe conceived by Jean Monnet, Konrad Adenauer or Altiero Spinelli. This situation can be seen pretty well on the economic area, where interactions between EU institutions and Member States (MS) have been rising in the last decades in order to accomplish the economic goals set for both parties and to protect and to ensure the EU single market.

The process of agencification established in the late 90’s of the previous century by Romano Prodi, former President of the EC, is a good example of Governance and Multi-Level Administration inside EU. The so-called “Prodi Reform” began as a response to the polemic involved with Bovine Spongiform Encephalopathy (BSE) disease that showed how inefficient EU’s role were in supervise all economic sections and guarantee the high-standard of security for all goods that were produced and sold to all EU citizens, due to the overload of workings. Moreover, the foreseen EU enlargement to the East was seen as another reasonable motive to reform all the European Commission (EC) workings. So, EC, as the EU institution responsible for safeguarding the principles and rules of the EU Treaties, has the duty to assess (together with DG Comp) the single European market and to evaluate cases that are incompatible with provisions of the Treaties, as well as other legislative acts emanating from it, as set out in Article 17(1) TEU. For that reason, EC felt the need to decentralise its competences and sub-delegate some of the powers to non-democratic bodies which carries out all tasks needed to accomplish the proposed objectives, such as regulatory power, inspective powers, inter alia.
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