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Dilemmas of European IntegrationThe Ambiguities and Pitfalls of Integration by Stealth$
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Giandomenico Majone

Print publication date: 2005

Print ISBN-13: 9780199274307

Published to Oxford Scholarship Online: February 2006

DOI: 10.1093/0199274304.001.0001

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Delegation of Powers and the Fiduciary Principle

Delegation of Powers and the Fiduciary Principle

Chapter:
(p.64) 4 Delegation of Powers and the Fiduciary Principle
Source:
Dilemmas of European Integration
Author(s):

Giandomenico Majone

Publisher:
Oxford University Press
DOI:10.1093/0199274304.003.0004

Broad delegation of powers to supranational institutions is a distinctive feature of the Community method. Broad delegation presupposes a fiduciary relation, hence, the progressive erosion of the Community method indicates a loss of confidence in the capacity for self-restraint of the supranational institutions. Since the Single European Act, member states have been willing to follow the politically riskier procedure of formal treaty amendment, rather than delegating to the Commission and Court of Justice the task of deciding which Community action in a given area is needed, and in which form. The frequency of formal treaty amendment in recent years is a measure of the loss of confidence in the supranational institutions.

Keywords:   accountability, credibility, delegation, fiduciary relations, implied powers, incomplete contracting, political property rights, treaty amendment

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