Parts I–II

Although the EU is sometimes described as a “sui generis system,” we believe that even within this atypical form of organization, an “executive branch” can be identified—one that is in the process of taking shape and is becoming increasingly visible. Currently, one can even identify an executive branch and a public administration within the EU, although, in practice, the distinction between the two is not always easy to make. In this context, European agencies occupy a distinct position within the EU’s administrative system, as autonomous bodies that perform specific administrative tasks. Although there is no single model for a European agency, common elements include, on the one hand, a certain degree of autonomy and, on the other hand, the limited nature of their formal powers. With regard to executive agencies, we consider them to be a distinct category of Community agencies, although they are listed separately on the EU website. Executive agencies, in turn, have legal personality, but the strict control exercised by the European Commission over their activities significantly limits their autonomy; furthermore, the Council of the EU may also exercise certain forms of control over executive agencies. Nevertheless, beyond these formal relationships, executive agencies—as bodies characterized by a high degree of specialization—could, in turn, influence both the Commission and the Council to a certain extent.