Regulatory governance through agencies of the European Union? The role of the European agencies for maritime and aviation safety in the implementation of European transport legislation

Abstract

In line with the trend of ‘agencification’ in Western countries, European Union (EU) agencies have been put forward as an instrument expected to improve the way rules are applied in the EU. So far, evidence confirming this expectation is lacking. By assessing the implementation of European transport legislation, this article provides an empirical insight into the role played by two EU agencies – the European Maritime Safety Agency (EMSA) and the European Aviation Safety Agency (EASA). The analysis shows that these EU-level agencies, although created as independent entities to enhance uniform implementation, remain highly dependent on the member states and the Commission. In terms of (legislative) enforcement their contribution has thus been limited. EU agencies such as EMSA and EASA currently seem to add more value by stimulating mutual learning processes among national regulatory authorities.