Accountability and Delegation of Regulatory Powers to Agencies

Abstract

The problem of delegation of powers in the EU framework has become one of the main issues legal scholarship has to deal with. In its broader meaning delegation could address different phenomena: to the extent of this paper, we will deal with just one of these phenomena, namely the delegation to EU agencies of regulatory powers. The aim of this paper is to highlight some critical issues in this matter: first of all we will recall the evolution of the delegation in the case law; secondly, we will try to briefly draw a pattern for the accountability of EU Agencies’ rulemaking, in the light of the US model contained in the Administrative Procedure Act. Eventually, we will address some of the problems of participation in the rulemaking and we will see how to improve the EU system in order to avoid them.