Barbieri Und Ongaro 2008 - EU Agencies-What Is Common and What Is Distinctive Compared With National-Level Public Agencies
Barbieri Und Ongaro 2008 - EU Agencies-What Is Common and What Is Distinctive Compared With National-Level Public Agencies
Review of
Administrative
Sciences
EU agencies: what is common and what is distinctive
compared with national-level public agencies
Dario Barbieri and Edoardo Ongaro
Abstract
The number and relevance of EU agencies have rapidly increased over the years:
EU agencies nowadays constitute an important part of the EU institutional landscape. The article investigates the EU agencies through categories of analysis well
established in studies of public management focused on the phenomenon of
agencies at the country level: structural disaggregation, autonomy, and contractualization. It emerges that EU agencies are relatively homogeneous, an aspect that
differentiates European agencies from the highly heterogeneous world of
national-level agencies. The main features of the EU agencies are examined, the
European type of agency is identified and defined, and the way the EU agency
model differs from country-level agencies is analysed. Research agendas on the
reform of the European Union might benefit from systematic investigation of EU
agencies: theoretical frameworks drawn from the public management field can
provide a significant contribution in this respect.
Dario Barbieri and Edoardo Ongaro, Professors, Universit Bocconi and SDA Bocconi School of
Management, Milan, Italy.
Copyright 2008 IIAS, SAGE Publications (Los Angeles, London, New Delhi and Singapore)
Vol 74(3):395420 [DOI:10.1177/0020852308095310]
Introduction
The employment of semi-autonomous organizations for the execution of public
functions is a phenomenon in many respects as old as public administration, at least
at the country level (Hood and Schuppert, 1988; Van Thiel, 2001). The problems of
governance of these bodies have a long history in studies of public management and
public administration (Wettenhall, 2005). Agencies are an important subject of reform
talk (OECD, 2002) and scientific analysis (Thynne, 2004). However, providing a definition of public agency has proved to be quite a difficult task. In an initial attempt at
defining the phenomenon, Pollitt et al. (2001) identify an agency as a public organization at arms length from the main administration (there is a degree of structural
disaggregation between the agency and the parent administration), carrying out
public tasks assigned on a non-competitive basis, having a core staff of public
servants, being in principle financed by the state budget, and subjected to at least
some administrative law procedures. The issue of the governance structure of these
disaggregated bodies and in particular the analysis of the agency phenomenon
through the central dimensions of: (1) the nature and degree of autonomy of these
organizations, and (2) the modalities whereby the steering and control over agencies
is wielded are central to this debate. Prominent research agendas in public management shaped around such basic concepts are providing important findings about
the phenomenon of agencies at the national level (Lgreid et al., 2005; Pollitt and
Talbot, 2004; Pollitt et al., 2004; Verhoest et al., 2004).
What is the potential of such research agendas if applied to European Union (EU)
agencies? It is the aim of this article to go along this path and investigate the EU
agencies through categories of analysis that are now well established in studies of
public management focused on the phenomenon of agencies at the country level. By
applying such categories of analysis (outlined in the final part of this section and illustrated in detail in the section EU agencies: dimensions of analysis and case evidence),
it emerges that EU agencies are relatively uniform when compared with the highly
variegated world of national-level agencies. The finding is quite puzzling, since there
seems to be a broad agreement by scholars investigating the phenomenon of agencies at the national level about the high heterogeneity of such bodies (Caulfield,
2004; Fedele et al., 2007; Lgreid et al., 2005; Ongaro, 2006; Pollitt and Talbot,
2004; Pollitt et al., 2004; Thynne, 2004; Verhoest et al., 2004): this aspect as well as
the characteristics of EU agencies more broadly are examined in this article.
First of all, some features of the peculiar nature of EU governance the broader
context in which agencies operate are outlined. Conceptualizing the EU governance is a huge task (see, inter alia, McCormick, 2005, for a general introduction; and
Nugent, 2006, ch. 21, for a thoughtful synthesis). For the purposes of the present
contribution, as a first step the perspective of the intergovernmental/supranational
(dynamic) balance of the EU (Nugent, 2006: 55761) will be adopted: intergovernmentalism refers to arrangements whereby nation states, in situations and conditions
they can control, cooperate with one another on matters of common interest; supra-
nationalism refers to situations in which states work with one another in a manner
that does not allow them to retain complete control over further developments.
Factors that point to the supranational characteristics of the EU are the significant
functions attributed to the European Commission (including its policy initiation role),
the increasing powers of the European Parliament, the role performed over the entire
history of European integration by the European Court of Justice. Factors that point to
the intergovernmental characteristics of the EU include the leading role of the
European Council in terms of taking virtually all major decisions on the general direction and policy priorities of the EU, and the key legislative role of the Council of
Ministers (and the practice of attempting to reach consensus, even where majority
voting is permissible, whenever a state declares that it has an important interest at
stake). EU agencies are problematic to assess according to the intergovernmental/
supranational balance: they are non-majoritarian institutions established through
public acts of delegation by the EU Commission and in this sense they are supranational bodies that have in the EU Commission their main parent administration, and
that in some respects condition from the outside the member states (supranational
influence). At the same time, however, in other important respects EU agencies are
instrumental to forms of cooperation led by member states.
Another important issue concerns the functions performed by the EU agencies
within the policy process. EU agencies are mainly confined to the implementation
phase, though some of them may wield a role also in policy formulation. In an
attempt at applying Kingdons model of the policy process (Kingdon, 1994) to the
European Union, Richardson (2001) conceptualizes the EU policy process in four
stages agenda-setting, policy formulation (alternative specification, in the original
wording of Kingdon), policy decision, and policy implementation. All EU agencies are
involved in the implementation phase of an increasing number of EU policies; some
of them have an influence also on the policy formulation phase (as an example, see
the case of the European Environment Agency, EEA, examined in Appendix 2),
though not in the sense that they exercise formal decision-making powers, that are
the exclusive competence of treaty-based EU institutions (under the so-called Meroni
doctrine), but because they provide data, information, and (mainly informal) proposals that may eventually influence the actual formulation of the content of the
European public policy (formal policy decisions are adopted by the competent EU
institutions).
The administrative features of such bodies represent another important aspect. EU
agencies share many of the features of the EU bureaucracy (Stevens and Stevens,
2001; on the Commission, see Hooghe, 2001, and Page, 1997), though with one
important difference: their locations are scattered throughout Europe. Thus the international composition of the staff of these bodies and their condition as expatriates
on a permanent basis (at least for a significant portion of the staff) elements in
common with the other EU institutions interact with a living place which is different
for each agency, and is not Brussels (thus the equivalents of the anthropological
studies conducted by Abeles, Bellier and McDonald, 1993 cited in Stevens and
Stevens, 2001 and various subsequent publications on EU officials have still to be
produced for these relatively new bodies).
EU agencies have grown rapidly in number and competences during the 1990s
Established
Location
Policy sector(s)
CdT
Translation Centre for the
Bodies of the European Union
1994
Luxembourg
(Luxembourg)
Internal
administration
Cedefop
European Centre for Development
of Vocational Training
1975
Thessaloniki
(Greece)
Social policies
Employees training
CFCA
European Fisheries Control Agency
2005
Vigo
(Spain)
Internal market
CPVO
Community Plant Variety Office
1994
Angers
(France)
Intellectual property
Products
communitarian
movement
EAR
European Agency for
Reconstruction
2000
Thessaloniki
(Greece)
External relations
Reconstruction
projects
management
EASA
European Aviation Safety Agency
2002
Koeln
(Germany)
Transports
Internal market
enhancement
ECDC
European Centre for Disease
Prevention and Control
2004
Stockholm
(Sweden)
Public health
ECHA
European Chemicals Agency
2006
Helsinki
(Finland)
Intellectual property
Internal market
EEA
European Environment Agency
1990
Copenhagen
(Denmark)
Environment
EFSA
European Food Safety Authority
2002
Parma (Italy)
Agriculture
Public health
EIGE
European Institute for Gender Equality
2005
Site to be
decided
Social policies
Human rights
EMCDDA
European Monitoring Centre for
Drugs and Drug Addiction
1993
Lisbon
(Portugal)
Public health,
Social policies
Crime monitoring
EMEA
European Medicines Agency
1995
London
(GB)
Public health
Products
communitarian
movement
EMSA
European Maritime Safety Agency
2003
Lisbon
(Portugal)
Transports
Internal market
enhancement
ENISA
European Network and
Information Security Agency
2004
Heraklion
(Greece)
Information
Internal Market
continues
Established
Location
Policy sector(s)
ERA
European Railway Agency
2004
LilleValenciennes
(France)
Transports
Internal market
enhancement
ETF
European Training Foundation
1990
Turin
(Italy)
External relations
Social policies
EUROFOUND
European Foundation for the
Improvement of Living and
Working Conditions
1975
Dublin
(Ireland)
Social policies
Employees
circulation
2004
Site to be
decided
Transports
Internal market
enhancement
FRA
European Union Fundamental
Rights Agency
2007
Vienna
(Austria)
Free citizens
movement
Human rights
FRONTEX
European Agency for the
Management of Operational
Cooperation at the External Borders
2004
Warsaw
(Poland)
Free citizens
movement
Crime monitoring
OHIM
Office for Harmonization in the
Internal Market (Trade Marks
and Designs)
1993
Alicante
(Spain)
Intellectual property
Products
communitarian
movement
OSHA
European Agency for Safety and
Health at Work
1994
Bilbao
(Spain)
Public health
Social policies
and, especially, the 2000s (see Table 1) and they now represent a significant part of
the communitarian institutional landscape: a part that is still under-investigated. In this
article the main features of the EU agencies are analysed and it is investigated
whether there is a European type of agency and how it differs from the (highly variegated) world of national-level agencies investigated in public management studies.
The main research questions can be formulated as follows: Does a European type of
public agency exist? What are its features? And how does it differ from the world of
the national- and sub-national-level agencies?
The list1 of the agencies that are investigated in this article is reported in Table 1.
The agencies constituted under the second and third pillars of the EU are excluded
from the analysis, as are the ones created under the Euratom Treaty, because of their
peculiar scope and characteristics. There is still no agreed definition of EU agency
(Groenleer, 2006) and there is no definition in official EU documentation, which usually refers to agencies as delegated bodies. EU agencies differ from three other types
describe and interpret the phenomenon of agencies at the national level. The tripod
model was first theorized by Pollitt et al. (2004): they refer to agencies as bodies that
are structurally disaggregated from the parent ministry, that have a focus on the
operations (on the policy delivery phase of the policy cycle), enjoy relevant managerial autonomy and are steered through forms of results-based control. This third point
requires additional explanation: many criticisms have been made of the tripod model
in the terms of worldwide convergence towards such a model not having theoretical nor empirical grounding. The reasons for considering the tripod model are that:
(a) it is instrumental to testing the hypotheses of convergence (i.e. we give another
chance to the convergence hypothesis that maybe in a very specific institutional
setting like the EU might find a chance of not being falsified); (b) it is a model near to
hand to define by comparison of the features of the EU type of agency. The countries
considered in drawing the characteristics of national-level agencies are the United
Kingdom (Carter and Greer, 1993; Greer, 1992, 1994; James, 2001; Pollitt and Talbot,
2004), Sweden (Christensen and Wise, 2003; Pierre, 2004) and Italy (Barbieri, 2006a;
Fedele et al., 2007; Ongaro, 2006), three countries representing substantially different
patterns of public agencies in terms of their features, role in the public sector, and historical development. In the final sections, findings concerning the main research questions and implications for future developments of research on the topic are discussed.
Methodology
The research design is based on the following steps: first, drawing on literature, the
categories of analysis have been identified (structural disaggregation, autonomy, and
contractualization) and specific indicators for each category operationalized (see
Table 2, column 1, and the following section). The indicators have been identified in
such a way as to make it possible to use data drawn from secondary sources (public
data, including: the statutes of agencies; the official evaluation reports issued by the
Commission and the evaluation reports made by external and independent scholars
on behalf of the Commission and of the European Parliament; multi-annual reports
and work plans; accounting, budgeting, and auditing documents issued by the same
organizations as well as official documents discharged by the Commission and the
European Parliament; Court of Auditors official reports). This has paved the way for
the second step: the application of the indicators to the entire population (as defined
in the previous section) of EU agencies (see Table 2). Then (the third step), in order to
deepen the understanding of the actual operations of EU agencies, and to be able to
go beyond the analysis of the legal-formal (however relevant) features of EU agencies, a multiple case study on two agencies, based on interviews and on-the-field
investigation, has been developed (Appendices 1 and 2). In this way, the main framework of analysis based on secondary sources has been integrated with in-the-field
analysis of the cases of the European Medicines Agency (EMEA) and the European
Environment Agency (EEA).
The selection of these two agencies is due to their different characteristics: EMEA
is an authorization agency responsible for granting permissions, EEA is a coordination/information agency collecting, analysing and redistributing information.
The EMEA has a relevant executive role in the delivery of the policy (in this case, the
pharmaceutical policy, though the formal power to grant authorizations remains with
the Commission), while the EEA is an independent information collecting agency (on
the distinction between executive and independent information collection agencies,
see Kreher, 1997) that may exercise a role in the policy formulation phase, as policy
facilitator and, maybe, also as policy impetus agency (Everson, 1995; Everson et al.,
1999).
resources, in addition to Commission funding: the higher the level of extra funds
generated, the greater the financial autonomy. Managerial autonomy measures the
autonomy of the agency with reference to the management of its financial, human,
and organizational resources, in terms of the autonomy of the chief executive (the
executive director, in EU terminology) in determining the staff size, the agency organizational structure, and the appointment of agency managers. Indicators of managerial autonomy are also the chance for the agency staff not to be subjected to
community regulation, and the opportunity for the agency to deliberate on financial
transactions and expenditure levels. Strategic autonomy refers to the influence of the
agency on the formulation of the policy targets and on the selection of instruments
to implement the policy.
The degree of contractualization refers to the existence of the contract between
the Commission and the agency, its features and the monitoring and rewarding tools
inherent in the contract. The notion of contractualization is used in order to analyse
whether the Commission can steer the agency through the contract. The indicators
measuring the degree of contractualization have been defined as follows: existence
of the contract, contents, set of tasks regulated by the contract; existence of a link
between targets and human resources management (in terms of evaluation and
possibility of removal of management if the targets of the agency are not achieved);
existence of a link between the achievement of the target and the provision of additional resources to the agency; existence of a system for monitoring the contract.
The agencies operative (at the time of writing) in the EU constitute the population
object of the investigation (Table 1): for each of the above features it has been
specified whether it is absent (no, in the table), it fully exists (yes in the table) or it
partly exists (partly in the table). The difficulties in measuring such dimensions have
led to consider the third option partly beyond the yesno dichotomy, in order to
graduate the evaluation in some instances.
It emerges that, contrary to what happens at the national level (e.g. see Fedele et
al., 2007, for the same framework of analysis applied to the Italian case), in many
cases there is a significant degree of homogeneity (all agencies present similar
features) at a level of analysis at which a significant heterogeneity in country-level
agencies is detectable. At a more detailed level, it would very likely be possible to discriminate between agencies (e.g. presence/absence of a member of the board
appointed by the Commission, and whether s/he is an official of the Commission or
appointed by the Commission): in this work the aim is to describe whether a type of
EU agency exists or not (e.g. all EU agencies have a board, while at the national level
there is differentiation regarding this characteristic). For this reason it is interesting to
highlight that most of the indicators used are homogeneous for all agencies and few
indicators point to differences among EU agencies. The results are summarized in
Table 2 and Table 3 and are described in the next paragraph.
Before presenting the analysis and comparison with national-level agencies, some
common features that characterize the EU agencies are described (drawing on
Barbieri, 2006b). The mandate of the agencies and the range of their powers are
delimited and identified in the founding statute: EU agencies have legal personality
and in all instances are managed by an executive director. The executive director is
responsible for the management of the agencys activities, in line with the agencys
Agency
EUROCdT Cedefop CFCA CPVO EAR EASA ECDC ECHA EEA EFSA EMCDDA EMEA EMSA ENISA ERA ETF FOUND FRA FRONTEX OHIM OSHA
Indicator
Structural disaggregation
A. INSTITUTIONAL DISTANCE
A-1. The agency has legal status
A-2. The agency resolves upon its Statute
A-3. Corporate board
B. TASK COMPLEXITY
B-1. The agency operates in more than one
policy area
B-2. The agency delivers heterogeneous
outputs/services
B-3. The agency wields a plurality of public
functions (regulation, control, production)
C. INSTITUTIONAL SPECIALIZATION on operation
C-1. The separation between Policy (ministry)
and Operation (agency) is clear
Yes
No
Yes
No
No
Yes
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No No
No
No
Yes
No
No
No
No
Yes
Yes
Yes
Yes
No
No
No
Yes
No
Yes
Yes
No
No No
No
No
Yes
Yes
No
Yes
No
Yes
Yes No
No
No
Yes
Yes
No
Autonomy
D. FINANCIAL AUTONOMY
D-1. The agency can acquire further resources
No
through contracts with other administrations,
outside Commission funding
D-2. The agency can sell its products/services
D-3. The agency can borrow on capital market
E. MANAGERIAL AUTONOMY
E-1. The chief executive can determine the size of
agency staff
E-2. The chief executive can determine the agency
organization structure
E-3. The agency staff is not subjected to Community
regulation
E-4. The chief executive appoints the agency
managers
E-5. The agency can deliberate on financial
transactions and expenditure levels
Yes
No
Yes
Yes
No
Yes
No
Yes
Yes
No
Yes
No
No
Partly
Partly
No
No
Partly
continues
Table 2 cont.
Agency
EUROCdT Cedefop CFCA CPVO EAR EASA ECDC ECHA EEA EFSA EMCDDA EMEA EMSA ENISA ERA ETF FOUND FRA FRONTEX OHIM OSHA
Autonomy (cont.)
F. STRATEGIC AUTONOMY
F-1. The agency influences the formulation of
policy targets
F-2. The agency can determine the instruments to
implement policies
No
No
No
No
Partly
No
Partly
No
Partly No
Partly
Partly
No
No
Partly
Yes
Partly
b)
Partly
No
No
Yes
No
Yes
Contractualization
G. DEGREE OF CONTRACTUALIZATION OF
COMMISSIONAGENCY RELATIONSHIP
G-1. Formal existence of a contract
G-2. Contents of the contract:
a) Targets and resources
b) General (generic) goals
c) Regulation of the relationship
G-3. The entire set of tasks of the agency are
regulated by the contract
G-4. Agreement on contract is an input to the
budgeting process
G-5. Targets in the contract are an input for
HRM/evaluation of the management
G-6. Failure in achieving contracted targets is one
cause of removal of top management
G-7. Agency is provided with additional resources
on achievement of targets
G-8. Existence of a system for the monitoring of
the contract
No
Structural disaggregation
Indicator
A. INSTITUTIONAL DISTANCE
B. TASK COMPLEXITY
C. INSTITUTIONAL SPECIALIZATIONS
on operation
Autonomy
Indicator
D. FINANCIAL AUTONOMY
E. MANAGERIAL AUTONOMY
F. STRATEGIC AUTONOMY
EU
Tripod Model
UK
Sweden
Italy
High
(though agencies do not resolve upon their
statutes uniform values for all agencies)
Low
(agencies operate only in one policy area)
High
(uniform values for all agencies)
High
Mixed
High
Mixed
Low
Mixed-Low
Mixed
Mixed
High
Low
(though a few agencies can acquire further
resources outside Commission funding)
Low
(uniform values for all agencies)
Low
(concerning the formulation of policy targets)
High
(concerning the determination of policy instruments)
Contractualization
Indicator
G. DEGREE OF CONTRACTUALIZATION
(PERFORMANCE CONTRACTING)
Low
(uniform values for all agencies)
Low
Mixed
High
Mixed
High
Mixed-High
High
Mixed-High
Low
Mixed
High
Low
High
High
Mixed-Low
Low
Table 3 Comparison of structural disaggregation, autonomy and contractualization dimensions of EU, tripod ideal-type, UK, Swedish and Italian
agencies
mandate. The executive director should neither solicit nor accept instructions from
any government or other EU body, except in cases provided for by the regulation
establishing the agency. The executive director is usually appointed by the management board on proposal of the Commission, even if some exemptions exist. The
management boards (for an overview, see Table 4) are composed mainly of representatives of the European institutions and member states. In the case of agencies
with a social remit, there is a larger representation of social partners. In some cases,
representatives of the professional sectors are appointed, without voting right. Direct
representatives of the European Parliament are not present: in some cases, independent experts appointed by the European Parliament sit on the management
board. The management board can dismiss the director and establishes the internal
rules of the agency. The management board approves the annual programme of
activities, the annual activity report and proposes the discharge of the budget to the
European Parliament. Advisory Committees in some cases are present in the organizational structures of the EU agencies: they are usually composed of independent
experts and they are required to deliver opinions to the executive director on draft
versions of the acts of the agency.
The activities of the EU agencies are monitored and subjected to rules issued
by the European Parliament, the Council and the European Commission. The Commission plays the role of the main (executive) controller of the activities of the
agencies. From a legal point of view, the connection between the pre-decision and
decision phases of the policy process (involving the Commission, the Parliament and
the Council) and the operational, policy implementation level (formally assigned to
the delegated bodies) is strictly regulated. EU agencies do not hold formal decision
powers concerning the formulation of the policy (though in some cases they can
influence the definition of policy targets, i.e. they influence the alternative specification
phase of the policy formulation process (Kingdon, 1994)). External financial controls
and judicial controls are also present.
Management board
Advisory forum
CdT
Cedefop
CFCA
CPVO
EAR
EASA
Representatives from
aviation personnel,
manufacturers,
commercial and
general aviation
operators, maintenance
industry, training
organizations and
air sports
ECDC
1 r. per member
States National
Authority
ECHA
EEA
EFSA
15 members appointed
by the Council (in
cooperation with
Parliament and
Commission)
Scientific committee
1 r. per Regional
Fisheries Council
1 r. per member
State
Nine Chairpersons of
EFSAs Scientific Panels
plus six independent
scientists
continues
Management board
EMCDDA
EMEA
EMSA
ENISA
ERA
ETF
Advisory forum
Scientific committee
30 experts representing
the relevant
stakeholders
continues
Management board
EUROFOUND
FRA
FRONTEX
OHIM
OSHA
Advisory forum
Scientific committee
Independent experts
from the member
States
Note: R in second column stands for representative. In the table only the advisory forums and
scientific committees made up of external members and/or representatives of member States and
stakeholders are listed.
tasks were new and no public institution at the EU level was in charge of performing
them before they were assigned to an EU agency.
A. Institutional distance A-1. All agencies have legal status and are legally distinct
from the Commission. As a consequence, they can operate under the law of the state
in which they are located and are legally responsible for their actions in front of the
legal bodies of the country. Another consequence is that agencies can sign contracts
and acquire goods under their responsibility in the states where they operate: the
distance from the Commission is in this respect relevant. Even if they operate legally
in the member states, however, agencies are responsible to EU bodies for their acts.
National-level agencies present a more varied picture, as they may not have legal
status, and the degree of separation between the department and the agency can
vary widely.
A-2. Agencies do not resolve upon their statute. At the national level it is quite
common that agencies do not resolve upon their statutes, though it may occur: there
is high heterogeneity at the country level concerning this point. The tripod model
does not require an agency to resolve upon its statute.
A-3. All agencies have a corporate board and a director; in some cases, there is
also an advisory forum and/or a scientific committee. The presence of a management
board, with the compulsory representation of the member states, and in almost all
instances the presence of an appointee of the Commission (and in some cases the
presence of experts nominated by the Parliament) seem to point at some degree of
institutional distance between the agency and the (multiple) parent administrations.
In some cases, stakeholders are represented in the management board. Nationallevel agencies present a wider differentiation.
B. Task complexity B-1. Each agency operates in one and only one policy area
which applies to most country-level agencies, though with exceptions. The tripod
model foresees a clear focus of agencies on the operations in one policy area, and
this is the case for all EU agencies. However, in a number of instances, more than one
Directorate General (DG) of the EU Commission performs as the parent administration. For instance, in addition to the relationships with the DG Budget, the DG Internal
Audit Service and the DG Personnel and Administration (like all agencies), the EMEA
is linked to the DG Enterprise and Industry, its main parent administration, but also to
the DG Enlargement and the DG External Relations, and it has interconnections also
with other DGs, such as DG Agriculture and Rural Development, DG Employment,
Social Affairs and Equal Opportunities, DG Health and Consumer Protection.
B-2/3. It emerges that agencies can deliver both homogeneous (e.g. Cedefop,
ENISA) and heterogeneous (e.g. EFSA, EMSA) outputs and services and execute either
one category or, more often, more than one of the main functions identified. This evidence counteracts a requirement of the tripod model, if we interpret it as being
characterized by specialization on a single task but it confirms the trend at the
national level, where in many cases agencies perform a multiplicity of functions (with
UK Next Steps agencies more focused on relatively well-specified tasks than Italian or
Swedish agencies).
C. Specialization in operations C-1. In almost all cases, there is a clear separation
between policy and operations. This evident split is formalized in the principle of
separation between decision powers (assigned to the Commission and other EU
institutions) and policy delivery tasks (assigned to the agencies). The specialization in
operations is a feature of the tripod model. National agencies, however, are much
more variable creatures.
Autonomy
D. Financial autonomy D-1. Some agencies can acquire further resources outside EU Commission funding through contracts with other administrations. Only a
few agencies are given the opportunity to finance themselves by means of fees
charged to customers; this is the case with CPVO, EMEA and OHIM. In budgetary
terms, agencies fall under the so-called non-compulsory part of the European
Commissions budget: for this reason, in addition to its power of discharge, the
mainly involving the Commission and the Court of Auditors, but increasingly also the
European Parliament and the Council.2
Annual reports or work plans can be considered as kinds of contracts affecting the
budgetary process or the evaluation of the human resources, but, even if they can
affect the budgetary procedure and can have serious consequences on the amounts
of funds assigned to the agency, there is no direct and formal relation between
targets, results and punishments/rewards, hence there is no performance contract.
The director is evaluated on the basis of the targets reached and can even be
removed if s/he fails in achieving the targets, but performance management systems,
where they exist, are internal to the agency and they are not employed in an external contractual relationship between the Commission and the agency. EU agencies in
this respect are not tripod model agencies; indeed, the very limited degree of conctractualization, and especially of performance contracting, is a key element of differentiation of EU agencies from the tripod model (a differentiation which is quite
common also in national-level agencies: many studies report about the relative
absence or patchy diffusion of performance contracts, with the partial exceptions of
the UK and a few other countries).
Discussion
In this article we make an initial attempt to explore the potential of an important
portion of the public management research agenda on agencies when applied to the
EU agencies. To this purpose, the main features of the EU agencies have been
analysed in terms of the way they are disaggregated from the parent administration(s), the level of autonomy, and the degree of conctractualization, and it has been
investigated whether there is a European type of agency and how it differs from
national-level agencies.
What conclusions can be drawn concerning the research questions? Does an EU
type of agency exist, and what are its features? It emerges that a sort of European
(Union) type of public agency does exist, or at least that some common distinctive
features are recognizable and overall a significant degree of homogeneity is
detectable in the EU agencies, when compared with the highly variable world of
national agencies. What are the main features of the EU type of agency? All EU
agencies have legal status, and they do not resolve upon their statute. The governance structure of the agencies includes the presence of a corporate board and a
director. Each agency operates in one and only one policy area. Data indicate that
those agencies can deliver both homogeneous and heterogeneous outputs and
services and, in almost all cases, there is a clear separation between policy and operations. Decision powers on policy formulation are assigned to the Commission or the
other EU institutions and operative tasks are assigned to agencies. Considering the
aspects of autonomy, agencies have no autonomy in defining policy targets but have
significant autonomy in defining policy instruments. As regards financial autonomy,
even if some agencies can acquire further resources outside the Commission funding, the agencies cannot sell their products on the market nor raise loans, and overall financial autonomy is very constrained. The flexibility in managing personnel and
the organizational design is limited: there is a high degree of uniformity in the orga-
nizational structure of EU agencies and there is limited room for changing the structure and the policies of human resources management (see also Vos, 2005). If the
contractualization of the relationship between the agencies and the Commission is
considered, the elements of NPM-ness are very limited (if present at all): there is no
contract in the organizational sense, though there is some form of conctractualization, nor is there a performance contract. Many agencies developed performance
management monitoring systems and financial indicators and time measures, but
primarily for internal use (i.e. not driven by a performance contract, nor finalized at it).
To sum up, there is an EU type of agency, which is not the widely debated tripod
model, but a different model, with a very limited degree of conctractualization, limited
financial autonomy as well as very limited managerial autonomy concerning personnel and the organizational design, though it does have autonomy in the definition of
policy instruments (features of the EU type of agency in a comparative perspective
are reported in Table 3). A finer-grained analysis (which is advocated, see final section) may find differentiation between EU agencies in more specific aspects within
each of the dimensions considered but at the level of these dimensions, there is a
clearly identifiable EU type of agency with recognizable and distinctive features that
differentiate it from the tripod model as well as from national-level agencies.
that might contribute to the debate on how to reform EU institutions: EU agencies are
a widely under-investigated phenomenon, or at least under-investigated with the
conceptual lenses of public management. Studies concerning even more underinvestigated issues, such as the performance of EU agencies, the influence that EU
agencies wield over the functioning of policy networks operating at the European
level (where EU agencies often perform as hub of the network, see the cases of the
EMEA and EEA), and the role EU agencies may have for re-launching European integration through an administrative, low politics approach, could provide further
insights for would-be reformers engaged in the process of EU reform (on the issue of
promoting good governance in the EU and the potential of resorting to agencies,
see also Everson, 2005). Such a type of knowledge appears indeed more and more
necessary in the face of the new challenges posed by the turbulent environment in
which EU institutions operate, the enlargement of the Union in 2004 and 2007, and
the increase in the administrative workload of the Commission (and the strategic
challenges it entails for the Commission, see Metcalfe, 1999, 2000a).
Whatever its limitations, the study outlined in this article points to the consideration that the organizational form of agencies can and should also be studied in the
EU setting by resorting to theoretical frameworks drawn from the public management camp. The proposed categories of analysis, even if taken from studies addressing national and sub-national settings, appear to be fitting also for investigation of the
EU agencies. An elaboration of the categories of analysis as well as an extension of
the empirical evidence might be helpful for the development of the research agenda
on EU agencies and their influence on the broader functioning of the European
Union.
Commission, and the member States not only to report and advise on the state of the
environment and of the technical issues concerning environmental protection and
the sustainable use of natural resources, but also on the effectiveness of key environmental and sectoral policies and their implementation (Office for Official
Publications of the European Communities, 2003). The EEA manages a network of
national and sub-national organizations gathering environmental information, and
verifies the scientific reliability of the data gathered: its funding mainly depends on
the DG Environment. The network of organizations collecting information in the
national states operates to a large extent through projects designed by the EEA and
having the EEA as its main contributor: it is through this funding that the EEA influences which projects are put into the pipeline at the EU level (Martens, 2005). It is
almost universally accepted, inside the Commission, that EEA is playing not only a
subsidiary role in the DG Environment, but is a major player in the EU environmental
policy cycle. The call of the Commission in 2003 for stronger integration of the activities of the EEA within environmental policy may also be interpreted as a recognition
by the Commission of the prominent and in a sense autonomous role performed by
the EEA in the EU scenario. The EEA has increasingly played an effective role in coordinating the national and sub-national organizations dealing with environmental
issues and has assumed an uncontroversial position in the EU environmental policy
field. The europeanization of procedures and techniques and the consequent
uniformity of environmental data, which allows reliable comparisons of the state of
the environment across Europe, is also an important achievement of this agency.
Notes
The article is the joint work of the authors; however, in the final writing the sections Methodology,
Conclusion and developments, Appendix 1, and Appendix 2 have been written by Dario Barbieri;
the sections Introduction, and Discussion have been written by Edoardo Ongaro, while the other
parts have been jointly written. We are grateful to Professor Christopher Pollitt and three
anonymous reviewers for their constructive comments.
1
2
EIGE (European Institute for Gender Equality) and European GNSS Supervisory Authority are
included in Table 1 but, at the time of writing, are not operative.
This kind of performance reporting is compulsory and involves primarily the Commission and
the European Parliament. It is a competence of the Court of Auditors to evaluate how well the
agency has applied the principles of sound financial management economy, efficiency and
effectiveness to the management of its budget. All agencies are subjected to the
assessment of their performances, known as performance audits and value for money audits.
The internal auditor, in each agency, advises the agency on dealing with risks, issues
independent opinions on the quality of management and control systems as well as
recommendations for improving operating conditions.
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