The problems of independent agencies in the United States and the European Union

Abstract

The word independent in the United States (US) context is most properly used in connection with the independent regulatory commissions. Those commissions are not independent of Congressional control. Both the commissions and the agencies of the regular cabinet departments live in a regime of statutory duties under which Congressional statutes not presidential policies control much of their behavior. Both are subject to judicial review. Commissions basically are independent in the sense that they are usually not subject to the complete control by commissioners of one political party. They are somewhat independent of the President in that no single President has appointed all the commissioners of a particular commission and commissioners may only be dismissed by the President for cause. American experience suggests that European Union (EU) independent agencies will create severe problems of co-ordination, legitimacy and control. These problems are not alleviated by the claim that EU agencies will have purely informational roles because information is a key element in policy-making and policy controversy.