The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU

By Mark A. Pollack | Go to book overview
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Appendix C Coding Rules for Executive Delegation and Discretion, Tables 2.1-2.3
The coding rules for Tables 2.1-2.3 , follow the guidelines laid down in Appendix Dof Epstein and O'Halloran (1999a), as amended for the EU by Franchino (2001).
Counting Major Provisions
The number of major provisions in a section of the Treaty is counted following these rules:
Articles and numbered paragraphs count as separate provisions.
Sub-paragraphs and indents do not count if they merely elaborate on the previous paragraph, but they do count if they include new substantive authority.
Unnumbered paragraphs count as separate provisions only if they are substantively distinct.
If a paragraph is followed by a colon and a list of elements, even if numbered, and if the elements of the lists merely elaborate on the main point of the paragraph, then the paragraph and accompanying list count as one provision.

Counting Major Provisions Delegating Powers
According to Franchino (2001 : 18), an act of delegation is 'any major provision that gives . . . the Commission the authority to move the policy away from the status quo'. As noted in the text, this is a relatively narrow operationalization of delegation, which excludes the delegation of advisory, non-binding, or 'soft' powers. More specifically, Franchino (2001 : 36) provides an indicative list of examples of delegation to the Commission:
The right to issue implementing regulations or to take decisions with some discretion.
Imposition of fines and penalties.
Carrying out negotiations with third countries.
Extension of discretionary authority to new issues or economic sectors.
Carrying out inspections or conducting investigations or inquiries—only if they complement other powers such as those to take decisions or to impose penalties.
Request of information—only if it complements powers to take decisions, to carry out investigations, to tax, or to impose penalties.

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