Oliver KittnerDie Errichtung des Europäischen Innovations- und Technologieinstituts

About this book deutschenglish

The book discusses both fundamental constitutional as well as administrative legal issues of the EU in respect to the foundation of so-called treaty-alienated institutions or agencies. Using the example of the European Innovation- and Technology-Institute (EIT) the author addresses issues whether the EU is authorised to found agencies under the EU-treaty, its legislative basis and the guidelines the EU must adhere to when founding an agency with decision-making competences.

Starting with the so-called Meroni-doctrine of the European Court of Justice the author outlines the development of such agencies, which are representative of the so-called European administrative organisation.

Further, the author deals with scope, range and meaning of the so-called contribution competence, as a dogmatic feature within the constitutional system and the competence doctrine of the EU.

The author examines this special type of competence and its systematic position within the competence structure between the EU and the member states. The contribution competence constitutes a special characteristic of the principle of subsidiarity. The ban of harmonisation that characterises such competence supposed to be a contradiction to the principle of integration of the EU.

At the same time the author stresses the special integrative meaning of this competence which does not touch the competences oft he member states, but is also an assignment to the EU to foster and support the member states.

Besides that the dissertation does also attend to the EIT. It’s structure and tasks are clear described. The author proves that the EIT is an institute that provides added value. Different from the European legislator the authors outlines clearly that the EIT qualifies as research or educational institute which should have been founded on the basis of both the research and educational competence of the EU treaty.

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