Eva Edwardsson

Bureaucrats as Legislators? The Impact of Europeanisation on the Duty of Obedience and the Principle of Loyal Co-Operation for National Authorities and Regulatory Agencies

National administrative agencies are under a legal obligation to obey their national governments. Today this obligation is supplemented by the general principle of loyal cooperation under Article 10 EC. Following important case-law the European Court of Justice has more often come to stress the obligations on the side of national authorities and national regulatory agencies to fully implement EC Law and, if necessary, put aside valid national regulations. This means that national authorities now face double obligations of loyalty. In this project, the focus is put on how three Swedish agencies - the Swedish Competition Authority, the National Food Administration and the Swedish National Tax Board - manage these double obligations in areas regulated both in national and EU Law. The result will then be compared with how their counterparts in Denmark and Finland are acting. This multidisciplinary research project is being carried out by researchers in law and in politics. The project addresses important questions on democracy, legitimacy and accountability. Its aim is to thoroughly describe the present legal situation, to analyse how law is created and to evaluate how national authorities act in situations when encountering conflicts between national law and EC Law on the basis of empirical observations. The research will enable the discussion if bureaucrats can become, or have already become, legislators.

Grant administrator
Uppsala University
Reference number
P2007-0660:1-E
Amount
SEK 4,170,000
Funding
RJ Projects
Subject
Law
Year
2007