Die Legitimation unabhängiger europäischer und nationaler Agenturen

Today a not inconsiderable number of independent EU agencies implements European Union law, gives advise to the European Commission and makes its own administrative decisions. Also increases the number of secondary European Union legislation providing national authorities concerning with the implementation of European Union law with the guarantee of independence.
The author determined the extent to which the independence of the studied European and national agencies is compatible with European primary law and the German constitution. From the perspective of German constitutional law ‘agencification’ touches in particularly intense way the national understanding of democracy and accountability. From the viewpoint of European law independent agencies raise questions of suitable competence bases in primary law, the limits of the delegation of powers on the basis of so-called ‘Meroni’ doctrine and of compatibility with the democratic principle of the Treaties.