Agency growth between autonomy and accountability: the European Police Office as a ‘living institution’

Abstract

Autonomy and accountability of public agencies are two sides of the same coin, yet often they are examined separately and at only one point in time. This contribution therefore examines the interaction between accountability and autonomy over time. It does so in the context of a European Union agency, the European Police Office (Europol), the creation of which has been the subject of much contestation and discussion in terms of its possibility to wield autonomy and escape accountability. The contribution looks at de jure aspects of both autonomy and accountability, but moves beyond a strictly formal analysis and investigates actual practices. Drawing on extensive document analysis and 26 in-depth semi-structured interviews with key agency officials as well as members of the relevant accountability forums, this contribution shows that tailored accountability arrangements, which are acceptable to the actors involved, reinforce autonomy, whereas an inappropriate and contested accountability system has the opposite effect, stifling autonomous development, as seems to have been the case with regard to Europol.

Keywords:

• Accountability
• autonomy
• European Union agencies
• Europol
• living institution

ACKNOWLEDGEMENTS

The authors acknowledge funding received from the Netherlands Organisation for Scientific Research (NWO). They are grateful for the useful comments of the participants in a panel on agencies at the ECPR Fifth Pan-European Conference on EU Politics, Porto, 23–26 June 2010, and a workshop on agencies organized by the Mannheim Centre for European Social Research (MZES), 16–17 September 2010, and express their thanks to the editors of this collection as well as two anonymous reviewers for their helpful suggestions to improve the present contribution.

Notes

Respondents originated from different EU countries and fulfilled a variety of positions within or outside the agency. They were interviewed in the period between 2005 and 2011. See for further details, Groenleer (2009: 80–90) and Busuioc (2010: 49–58).

Convention Based on Article K.3 of the Treaty on European Union, on the Establishment of a European Police Office (Europol Convention), adopted on 26 July 1995.

Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third states and non-EU bodies; amended by the Council decision of 6 December 2001 and the Council decision of 13 June 2002.

Article 34 of the Convention.

Interviews with management board representatives. The Hague, May 2007, November 2007, January 2008.

Agreement between the USA and the European Police Office, Brussels, 6 December 2001; Draft Supplemental Agreement between the USA and the European Police Office on the Exchange of Personal Data and Related Information, Brussels, 4 November 2002, 13689/02, Europol 82.

Council of the European Union, Mutual evaluation of the co-operation agreements Europol-United States, 11502/05, Brussels, 27 July 2005, p. 11.

Telephone interview with former agency official, September 2006.

Commission of the European Communities, Communication from the Commission to the European Parliament and the Council, Democratic Control over Europol, COM(2002)95final, Brussels, 26.2.2002.

Article 28(10) of the Europol Convention replaced by the Council Act of 27 November 2003.

Article 34(2) of the Europol Convention, as substituted by Article 18 of the Danish Protocol, OJ C 002, 06/01/2004, P. 0003-0012.

See Council Conclusions of 12 October 2005.

OCSR 2005, Foreword by the Director, p. 3.

Interview with agency official, The Hague, December 2005.

Europol Annual Report 2006, p. 5. Also interview with agency official, The Hague, December 2005.

Council Decision of 6 April 2009 establishing the European Police Office (Europol) (2009/371/JHA), OJ L 121, 15.05.2009.

Interviews with several agency officials, The Hague, February 2011.

Interviews with management board representatives, The Hague, January 2008 and agency official, The Hague, October 2008.

Interviews with management board representatives, The Hague, May 2007 and November 2007 and agency official, The Hague, October 2008.

Interview with management board representative, The Hague, January 2008 and agency official, The Hague, October 2008.

Article 48 of the Europol Council Decision.

See CEPOL News Release, Non-Discharge Statement, Ref: 60/2010/Director, 07 October 2010.

Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Action Plan Implementing the Stockholm Programme, COM (2010) 171, 20 April 2010.

Interviews with several agency officials, The Hague, February 2011.

Article 10 of Protocol No. 36 on Transitional Provisions.

Interviews with several agency officials, The Hague, February 2011.