European Agencies and Input Legitimacy: EFSA, EMeA and EPO in the Post‐Delegation Phase

Abstract

Most studies about the role of independent agencies in the European context focus on the driving forces that condition the incentives of political actors to delegate policy‐making competencies, and that influence the agency design and the consequences of delegation for democratic control. However interesting, these studies often disregard the question of the legitimacy of the agencies in the post‐delegation phase. This article aims at redressing this important blind spot in the current literature by highlighting the need for procedural input‐legitimacy at the stage of agency operation. It argues that procedural credibility is a fundamental property that explains the need for an increased interaction between agencies and stakeholders at the post‐delegation stage. The article examines three prominent cases of agencies in Europe — the European Food Safety Authority, the European Medicines Agency and the European Patent Office — in order to assess the extent to which the institutionalization of stakeholder networks facilitate credible knowledge that enhances their input and output legitimacy. The concluding remarks bring these results under the general perspective of democracy and new modes of governance in the EU.

Key Words:

• EU agencies
• legitimacy
• stakeholder involvement
• EFSA
• EMeA
• EPO

Notes

1. Regulation 178/2002 EC of 28 January 2002 (OJ L 31/1).

2. See articles: ‘Commission says that GMO risk assessments need improving’, EU Food Law Weekly, Friday 14 April 2006 and ‘Environment Ministers criticise EFSA’s GMO risk assessments and call for change’, EU Food Law Weekly, Friday 10 March 2006.

3. See article: ‘EFSA to announce new co‐operation strategy’, EU Food Law Weekly, Wednesday 13 September 2006.