Zur Verselbstständigung von Unionsagenturen

In 2011 the Agency for the Cooperation of Energy Regulators (ACER) became operational. Due to the lack of provisions in European primary law it remains unclear how the relationship between an agency and Member States as well as the European Institutions has to be designed. There is a need for clarification in terms of control and legitimacy. In particular this is true for ACER. As a precursor to a European regulatory authority the agency has important powers. ACER is involved, inter alia, in the adoption of binding tertiary law of the European Union in the form of so-called network codes. In certain cases, the agency regulates cross-border infrastructure. The study addresses the question whether the creation and operation of ACER are legally permissible. Crucial for the development of necessary legal boundaries for agencies is the so-called Institutional Balance and the Meroni-Doctrine of the European Court of Justice of 1958.