The Integration of the European Community and Third States in Europe: A Legal Analysis

By Andrew H. Evans | Go to book overview

7
Committee Work

7.1 INTRODUCTION

'Comitology'1 denotes the involvement of various kinds of committees in decision-making. Such committees are distinct from the bodies discussed in the previous chapter, since the former do not formally make decisions. Nevertheless, not only may the range of interests taken into account by decision- makers tend to be broadened by their involvement, but also responsiveness of decision makers to network relationships, which reflect the reality of integration, may tend to be facilitated. In other words, the vacuum which might otherwise result from reliance on decision-making in bodies such as the Council of the Union may tend to be filled.

Formal legal support for such tendencies is provided by the EC Treaty and the EEA Agreement. To the extent that possibilities for one Party effectively to participate in the internal decision-making of another Party are entailed, the latter Agreement implicitly rejects strict commitment to ideas of national sovereignty and Community autonomy. Such commitment seems to have been more resistant in the Europe Agreements, which are more reticent than the EEA Agreement in formalizing 'comitology'.2 However, as practice under the EC Treaty and the Free Trade Agreements illustrates, development of 'comitology' is not dependent on formal legal provisions alone.3


7.2 EC TREATY

Within the EC Treaty framework 'comitology' may be associated with the work of privately established bodies or of bodies established under the Treaty.

____________________
1
See, generally, K. St Clair Bradley, "Comitology and the Law: Through a Glass Darkly" ( 1992) 29 CMLRev. 693-721.
2
In the course of the negotiations for the EEA Agreement the Commission produced a document entitled "Mutual Information Procedures and Comitology concerning Community Decisions" (Agence Europe, No. 5356 (24 Oct. 1990)).
3
The very nature of Community decision-making is such that there may be a range of informal links with different actors. Cf., regarding problems of negotiating with the USA, M. Hart, "A North American Free Trade Agreement: the Elements Involved" ( 1991) 14 The World Economy87-102, at 100.

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The Integration of the European Community and Third States in Europe: A Legal Analysis
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents vii
  • Abbreviations xvi
  • Tables xix
  • 1 - Introduction 1
  • Part 1 - Trade Liberalization and Other Requirements 9
  • 2 - Trade Liberalization Requirements 11
  • 3 - Requirements Other Than Those of Trade Liberalization 85
  • Part 2 - Harmonization 149
  • 4 - Administrative Harmonization: Competition Policy 151
  • 5 - Legislative Harmonization: the 'Four Freedoms' and Beyond 229
  • Part 3 - Institutional Involvement 267
  • 6 - Joint Decision-Making 269
  • 7 - Committee Work 320
  • 8 - Judicial Control 340
  • 9 - Conclusions 380
  • Bibliography 391
  • Index 411
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