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 D Sample Coding Sheet for Tables 2.1-2.3

Title: Transport (Arts 70-80)

I Delegation and Discretion, Including Agenda Setting
Delegation? Yes
1 Number of provisions: 19
2 Number of provisions with delegation to Commission: 3
Article 75(4) delegates to the Commission the power to investigate cases of discrimination and take the necessary measures in accordance with provisions of paragraph 3.
Article 76(1) delegates to the Commission the power to authorize support for particular undertakings or industries, which are otherwise prohibited.
Article 76(2) delegates to the Commission the power to examine the rates and conditions referred to in Chapter 1 , taking into account a range of factors, and, after consulting member state concerned, take the necessary decisions.
NB: Article 77 allows the Commission to make recommendations to member states; non-binding, therefore not coded as 'delegation'.
Delegation ratio: Dc (provisions delegating to Commission)/T (total provisions) = 3/19 = 0.1579
II Procedural Constraints
1 Time Limits
2 Spending Limits
3 Reporting Requirements
4 Consultation Requirements: Yes, Articles 76(2) and 79
5 Public Hearings
6 Rule-Making Requirements: Yes, Article 76(2)
7 Appeals Procedures
8 Exemptions: Yes, Article 78 on former East Germany
9 Legislative Action Required
10 Legislative Action Possible
11 Executive Action Required
12 Executive Action Possible

-431-

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