The power of ‘weak’ institutions: assessing the EU’s emerging institutional architecture for improving the implementation and enforcement of joint policies

ABSTRACT

European Union (EU) governance faces a fundamental implementation and enforcement dilemma. On the one hand, calls for effective EU policies are manifold and have increased over time. On the other hand, the competence to implement and directly enforce EU policies remains with the member states. To overcome this dilemma, an emerging institutional architecture is taking form in which European Administrative Networks (EANs) and agencies assist the Commission in improving the implementation and enforcement of shared policies. This special issue provides a state-of-the-art analysis of EANs and related agencies as core components of the structure in making. To set the scene, this introduction presents different accounts of the establishment and development of EANs in relation to agencies. It then presents a functional continuum of EANs, spanning from information-sharing, data exchange to problem-solving networks. Finally, we discuss the challenges and shortcomings of the emerging, yet still diffuse, institutional architecture, including its accountability.

KEYWORDS:

• European union
• implementation
• enforcement
• European Administrative Networks
• European agencies

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Widely used alternative terms are European Regulatory Networks or Transgovernmental Networks.

2 Although these are typical differences, some institutional forms in the EAS are hybrid in nature. Boeger and Corkin (2017, p. 975) argue that networks may be ‘disguised as EU agencies, which in fact rarely appropriate powers from the Member States (…) and tend only to do so using softer modes of disciplining.’ Instead, they co-ordinate ‘more or less formally organized networks of national authorities rather than centralizing tasks at the EU level.’ (Groenleer et al., 2010). Levi-Faur (2011, pp. 825–826) calls this hybrid form the networked agency, which incorporates EANs in the agencies as boards of regulators (Lavrijssen and Hancher, 2008, 24).

3 Commission Staff Working Document, SWD (2021) 212 final. General Statistical Overview. Accompanying the document ‘Report from the Commission Monitoring the application of European Union law. 2020 Annual Report’.

Additional information

Funding

This work was supported by Danish Council for Independent Research: [Grant Number DFF-7015-00024].

Notes on contributors

Dorte Sindbjerg Martinsen

Dorte Sindbjerg Martinsen is a professor at University of Copenhagen, Department of Political Science.

Ellen Mastenbroek

Ellen Mastenbroek is a professor of European Public Policy at Radboud University, Department of Public Administration.

Reini Schrama

Reini Schrama is an assistant professor at Radboud University, Department of Public Administration.