EU agencies, such as the European Food Safety Authority (EFSA), are usually created in an environment that is replete with other organizations, not only other European bodies and member state agencies, but also international organizations and third country agencies. Through their interactionwith EUagencies, these international organizations and third country agencies may affect policies, policymaking processes, institutions and behaviour in the EU and its member states. But EU agencies do not necessarily serve as passive channels for the interaction between international organizations and third country agencies, on the one hand, and the EU institutions, on the other hand. They often seem to play an active role as policy entrepreneurs,making use of the opportunities offered by the policies and policymaking processes of these organizations and agencies to influence institutions and behaviour in the EU and its member states. The above raises the question of what international role EFSA actually has performed: has it, despite the formal-legal restrictions put in place by the EU institutions, been able to act relatively autonomously at the international level? In order to address this question, this article examines EFSA's international relations, notably those with international organizations and third country agencies in its field of action. It adopts a dynamic perspective, describing these relations throughout the agency's development. The article demonstrates that EFSA has developed a considerable international role, despite the relatively limited scope of action allowed by its legal framework, and shows that this development has been driven by both functional needs and strategic motives.
On 22 January 2014, the Grand Chamber of the Court of Justice confirmed the validity of the powers entrusted to the European Securities Markets Agency under Article 28 of Regulation (EU) No 236/2012, upholding their compatibility with the principle of institutional balance, the Lisbon Treaty and established case law of the CJEU.This case note gives an overview of the ruling and analyses its implications for ESMA and the broader Union institutional setting, with particular regard to the interplay between EU Institutions and agencies. It concludes by highlighting some reasons for potential constitutional concerns resulting from the combination of politically unchecked agencies and highly controlled Institutions.
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