Lisette Mustert and Miroslava Scholten, ‘Exploring the Possibility of Interplay between Different Types of Control: Connecting Political and Judicial Accountability in the Case of EASA’.
More and more agencies have been created at both EU and national levels, which cooperate increasingly among each other and take part in various decision-making processes with binding effects on third parties. Within the EU aviation safety system, for instance, it is the European Aviation Safety Agency who shares far reaching regulatory, implementing and enforcement responsibilities with the EU Commission and the National Aviation Authorities. Such a system of the ‘multi-jurisdictional’ executive branch challenges the system of controls. Therefore, this paper explores the question of to what extent judicial and political types of accountability can be ensured in a system of shared enforcement of the EU aviation safety rules, and if these types of accountability could compensate for each other’s challenges. This paper argues, first, that different types of control can check different parts of behaviour and outputs. Secondly, limits and challenges to a certain type of control can be addressed by another type of control. However, in this regard different degrees of usefulness are visible since challenges in judicial accountability could be easier addressed by possibilities of political accountability than vice versa.
The Paper can be accessed here.