August 2008

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Review of Regulatory Agencies

Those interested in administrative law would do well to look at the Commission's review of regulatory agencies entitled "European Agencies - The Way Forward" (COM(2008) 135 final). That document is accompanied by another one, referenced SEC(2008) 323, but the Commission true to its secretive form has not made that document public!

The purpose of the document which is in fact a Communication to the European Parliament and the Court is to review the current agencies, how they are structured and how they work. It seeks to lay the ground work for a common framework for regulatory agencies but the Commission announces that it will withdraw its proposal for an interinstitutional agreement on the operating framework for regulatory agencies (COM (2005) 59).

It concentrates on regulatory agencies of which there are now 29. A regulatory agency is a body governed by EU law, distinct from the EU Institutions (Council, Parliament, Commission, etc.) with its own legal personality. It is set up by a directive or regulation in order to accomplish a very specific technical, scientific or managerial task. For a list of them, see here. The three CFSP agencies are listedhere. The Police and Judicial Cooperation in Criminal Matters agencies are listed here.

According to the Communication, regulatory agencies employ an incredible 3800 staff.

Executive agencies, on the other hand, are not covered by this Communication. They areorganizations entrusted with certain tasks relating to the management of one or more Community programs, are set up for a fixed period and must located in Brussels or Luxembourg. They are established in accordance with Council Regulation 58/2003. For a list, see here.

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Comments

Hi there!

Thanks so much for your valuable links and insights. I'm examining EU law and governance in the realm of intellectual property- digital music specifically-. Some of the articles and info you posted was extremely helpful, but I wondered if you had (or could direct me to where I could find) the most current legislation on the Directive on Intellectual Property Enforcement which was introduced in 2003.

Was this recent decision that you mentioned (File sharing , Kazaa & Privacy- Feb 2008)the most recent case? Anything that could help get me up to date on the most significant legislation related to file sharing, music copyright infringement and music piracy would be much appreciated.

Thanks very much!

Kirstin Candy

Independent Recording Artist
M.A Candidate in International Relations
with Business Emphasis at SFSU

Thanks for keeping us update with this information.

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