
Contents
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1. Introduction 1. Introduction
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2. The location and scope of executive power in the EU: the framework for analysis 2. The location and scope of executive power in the EU: the framework for analysis
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(a) Preliminaries (a) Preliminaries
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(b) The Treaty articles (b) The Treaty articles
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(c) The structure of the analysis (c) The structure of the analysis
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3. The locus and scope of executive power: specific aspects 3. The locus and scope of executive power: specific aspects
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(a) Establishingpriorities and planning the legislative agenda (a) Establishingpriorities and planning the legislative agenda
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(b) The development of policy choices (b) The development of policy choices
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(c) Implementation of legislation and policy (c) Implementation of legislation and policy
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(i) Delegated rule-making (i) Delegated rule-making
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(ii) Shared management (ii) Shared management
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(iii) Administration of the open method of coordination (iii) Administration of the open method of coordination
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(iv) Agencies (iv) Agencies
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(d) Foreign and security policy (d) Foreign and security policy
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(e) Resources and budget (e) Resources and budget
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4. Executive power and accountability in the EU 4. Executive power and accountability in the EU
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(a) Executive power and accountability to the legislature (a) Executive power and accountability to the legislature
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(b) Executive power and accountability through the ombudsman (b) Executive power and accountability through the ombudsman
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(c) Executive power and accountability through the Court of Auditors (c) Executive power and accountability through the Court of Auditors
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(d) Executive power and legal accountability: judicial review (d) Executive power and legal accountability: judicial review
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(i) Direct and indirect actions (i) Direct and indirect actions
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(ii) The principles of judicial review (ii) The principles of judicial review
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(Hi) Intensity of judicial review (Hi) Intensity of judicial review
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(e) Executive power and accountability through principles for the exercise of Community administration (e) Executive power and accountability through principles for the exercise of Community administration
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5. Conclusion 5. Conclusion
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(a) Political accountability (a) Political accountability
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(b) Legal accountability (b) Legal accountability
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11 The Locus and Accountability of the Executive in the European Union
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Published:November 2005
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Abstract
Locating executive power and determining the mechanisms by which it is held to account is important within any polity. It is seen that the legal and political reality is that executive power is shared within the European Union (EU). The Commission, the Council, and the European Council all exercise such power to varying degrees, and the manner of the division differs depending upon the particular type of executive power under consideration. The primary focus within the first half of this chapter is on the identification of different facets of executive power within the EU, and an analysis de jure and de facto as to how this power is shared between the primary players. Thereafter, the discussion in the second half of this chapter turns to the different techniques for securing accountability for the exercise of executive power.
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