Emile Noel Fellows Forum, Fall 2002


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International and Regional Economic Law and Justice

Emile Noel Fellows Forum, Fall 2002

Francesca Bignami

 
 

Forum Paper Title: The Concept of Independence in EU Law

Description of Forum Paper:

This paper examines the use of the independence ideal in organizing the EU's administrative branch. The paper argues that independence from national governments is required of national and supranational authorities because of a distrust of politics. Different types of politics are perceived as destructive to the common good: special interest politics in the case of the new food safety agency, state-owned monopolies in the case of newly liberalized services, short-term electoral politics in the case of the European system of central banks, and majoritarian disregard for rights in the case of race discrimination. The paper concludes that, although independence from executive branch politics is important, the rhetoric of independence risks insulating EU administration from legitimate democratic debate.

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Last updated on January 31, 2008

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