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The Commission's Executive Discretion, Information and Comitology

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  • Fabio Franchino

Abstract

This article examines the determinants of the European Commission's executive discretion and the impact of comitology when policy authority is delegated by member states and the Parliament (i.e. principals) and all actors are uninformed about future contingencies. In such context, the Commission always prefers complete discretion while principals have to trade off the risk of agency losses against the need to give enough latitude to the Commission to deal with unexpected events. The analysis reveals a general trade-off in the institutional design of the European Union. On the one hand, the Commission can enjoy high and stable discretion, differing across legislative procedures, degree of uncertainty and of preference convergence, because of its monopoly proposal power. On the other hand, comitology procedures impose burdensome constraints on the Commission's autonomy and can be explained as a price for legislative intervention paid by the Commission. Finally, comitology procedures also increase the conflict across principals over the degree of discretion to grant to the Commission because the trade-off between ex ante discretion and ex post control can disappear with multiple principals.

Suggested Citation

  • Fabio Franchino, 2000. "The Commission's Executive Discretion, Information and Comitology," Journal of Theoretical Politics, , vol. 12(2), pages 155-181, April.
  • Handle: RePEc:sae:jothpo:v:12:y:2000:i:2:p:155-181
    DOI: 10.1177/0951692800012002002
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    References listed on IDEAS

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    1. Crombez, Christophe, 1996. "Legislative Procedures in the European Community," British Journal of Political Science, Cambridge University Press, vol. 26(2), pages 199-228, April.
    2. Lohmann, Susanne & O'Halloran, Sharyn, 1994. "Divided government and U.S. trade policy: theory and evidence," International Organization, Cambridge University Press, vol. 48(4), pages 595-632, October.
    3. John Fitzmaurice, 1988. "An Analysis of the European Community's Co‐operation Procedure," Journal of Common Market Studies, Wiley Blackwell, vol. 26(4), pages 389-400, June.
    4. Steunenberg, Bernard & Koboldt, Christian & Schmidtchen, Dieter, 1996. "Policymaking, comitology, and the balance of power in the European Union," International Review of Law and Economics, Elsevier, vol. 16(3), pages 329-344, September.
    5. McCubbins, Mathew D & Noll, Roger G & Weingast, Barry R, 1987. "Administrative Procedures as Instruments of Political Control," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 3(2), pages 243-277, Fall.
    6. Thomas Romer & Howard Rosenthal, 1978. "Political resource allocation, controlled agendas, and the status quo," Public Choice, Springer, vol. 33(4), pages 27-43, December.
    7. Pollack, Mark A., 1997. "Delegation, agency, and agenda setting in the European Community," International Organization, Cambridge University Press, vol. 51(1), pages 99-134, January.
    8. Tsebelis, George, 1994. "The Power of the European Parliament as a Conditional Agenda Setter," American Political Science Review, Cambridge University Press, vol. 88(1), pages 128-142, March.
    9. Steunenberg, Bernard, 1996. "Agent Discretion, Regulatory Policymaking, and Different Institutional Arrangements," Public Choice, Springer, vol. 86(3-4), pages 309-339, March.
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    Cited by:

    1. Stefan Napel & Mika Widgrén, 2008. "The European Commission–Appointment, preferences, and institutional relations," Public Choice, Springer, vol. 137(1), pages 21-41, October.
    2. Jens Blom-Hansen & Gijs Jan Brandsma, 2009. "The EU Comitology System: Intergovernmental Bargaining "and" Deliberative Supranationalism?," Journal of Common Market Studies, Wiley Blackwell, vol. 47, pages 719-740, September.

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