Book contents
- The Politics of Legal Expertise in EU Policy-Making
- Cambridge Studies in European Law and Policy
- The Politics of Legal Expertise in EU Policy-Making
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Table of Treaties, Legislation and Institutional Sources
- 1 Introduction
- 2 Who Are EU Legal Advisers?
- 3 What Do EU Legal Advisers Do?
- 4 Confidentiality of Legal Advice
- 5 The Commission Legal Service
- 6 Legal Advice in Council Decision-Making
- 7 Legal Advice in the European Parliament
- 8 Epilogue
- Bibliography
- Index
5 - The Commission Legal Service
Published online by Cambridge University Press: 16 September 2021
- The Politics of Legal Expertise in EU Policy-Making
- Cambridge Studies in European Law and Policy
- The Politics of Legal Expertise in EU Policy-Making
- Copyright page
- Dedication
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Table of Treaties, Legislation and Institutional Sources
- 1 Introduction
- 2 Who Are EU Legal Advisers?
- 3 What Do EU Legal Advisers Do?
- 4 Confidentiality of Legal Advice
- 5 The Commission Legal Service
- 6 Legal Advice in Council Decision-Making
- 7 Legal Advice in the European Parliament
- 8 Epilogue
- Bibliography
- Index
Summary
Chapter 5 commences with a discussion of the centrality of law in Commission decision-making. Law has served as a guarantee of the Commission’s objectivity and ability to stand for the common European interest. The Commission Legal Service has traditionally possessed a strong institutional position. Its legal advisers are involved in legislative and executive decision-making ranging from early plans for action to its implementation in Member States. In its work, the Legal Service reaches beyond law-making. It affects policy-making and executive actions on a broad scale, and actively influences the development of EU law through its participation in litigation. It is the ultimate ‘repeat player’ and has a special relationship with the European Court of Justice. The chapter also tracks the recent transformation of the Commission’s institutional self-identity, from a mostly technical body and guardian of the Treaties to an overtly political institution with a strong political agenda, and discusses its implications for the work of legal advisers and the status of the law in the Commission more generally.
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- Chapter
- Information
- The Politics of Legal Expertise in EU Policy-Making , pp. 137 - 196Publisher: Cambridge University PressPrint publication year: 2021