Françoise Comte (Principal Administrator at the European Commission, Directorate General Justice, Freedom and Security, Professor at the College of Europe), has written an article entitled “2008 Commission Communication ‘European Agencies - the Way Forward’: What is the Follow-Up Since Then?”, found in the Review of European Administrative Law, Volume 3, Number 1, pages 65-110, Europa Law Publishing (2010).
The article provides an overview of the important role played by EU agencies in the governance of the EU, with a useful list (see the end of the article) of such agencies and relevant information (seat, establishing legal acts, legal basis). A number of references to EASO may be found in the article, including comments made on its name (‘office’ as opposed to ‘agency’) and the 2009 impact assessment procedure carried out prior to its creation.
The method of appointment of the EASO Executive Director is noted (page 13) as being an innovation with regard to such procedures in other agencies, with the possibility of the EASO procedure serving as a precedent for future agencies. Unlike other agencies’ directors, and as we have seen in the appointment of Rob Visser, the EASO Executive Director is required to pass through a stage involving a hearing before the EP LIBE Committee, following which the EP may adopt an opinion containing its view on the candidate (Article 28 of the EASO Regulation). Such a procedure, comments the author, is a sign of increased inter-institutionality, and also serves to allocate budgetary responsibility to the so-appointed Director.
On page 13, Comte comments that a number of new agencies, including EASO, have moved away from the traditional model of EU agencies and are given the authority “to make the MS move towards better implementation of their national legislation.” Specifically on EASO, the author says that:
“EASO will have a large mandate that will aim to facilitate and strengthen practical cooperation between MS on asylum and help to improve the implementation of a common European asylum system.”
Comte further says, on page 17, how EASO is one of those EU agencies that is borne of a request from the EU Council
The article also contains a number of interesting comments on Frontex.