Contenu du sommaire : L'administration de l'Union européenne

After Nice, the Debate on Europe. The Intergovernmental Conference held in Nice brought about four reforms, all of which were inspired by the concern to deal with enlargement of the European Union. These reforms cover : the size and composition of the Commission, the weighting of votes in the Council, the replacement of unanimity by qualified majority voting in decision-making procedures and enhanced co-operation. But the ensemble of Nice reforms does not appear sufficient. It was inspired by a short-term vision of the European order. There has to be Zan open and democratic debate on the future of the European Union, which is no longer oriented around safeguarding national sovereignty in the face of Europe, but is founded upon a European sovereignty in the face of European partners.

The External Policy of the European Commission and the Challenges of Globalisation. The European Union's external activities are growing ever more pronounced. Global exchanges, common foreign and security policy, aid to developing countries, and the birth of the Euro are all areas in which there is a need for co-ordinated effort. The external administration of the Commission is trying to adapt to these new requirements. Moreover, the cumulated resources of each Member State are making the European Union the most represented entity at international level, particularly in the area of diplomacy. These huge resources can be utilised more effectively through collaboration between the external administrations of Member States and between these administrations and the Commission.

The EC administration and law abidance, or the virtues of permanent dialogue between members of the executive, legislative and judicial branches of (EC) Government. Euroscepticism has settled over the past years as a result of the Commission's resignation in Mardi 1999. Critics and opponents develop hostility toward the European Union and the perspective of enlargement is feared by public opinion. The author concentrates on three essential features of the European Community. Legislation follows several contradictory debates between Institutions and Member States. The rule of law

The True Nature of European Administration. Comparative analysis facilitates an understanding of the differences between European administration and that of the Member States. The basis of the System is founded upon the classical European model, rather than the purely French model. The homogeneity of the structures is opposed by the heterogeneity of administrative culture. A static number of personnel in the wake of successive enlargements and the development of competencies helps explain the excessive use of experts and delegation. Comparison with the Swedish model, which is itself different from the classical European model, reveals further deficiencies and suggests that the construction of a model capable of taking into account the specificity of European administration should be recommended.

The Fall of the Santer Commission. Analysis of the circumstances surrounding the resignation of the Santer Commission sheds light on a number of problems encountered by the Commission over several years. While some of these are in the process of resolution thanks to the new reform programme, the Commission's legitimacy crisis runs the risk of having long-term effects on the functioning of Community institutions.

Administering the image of the European Commission. The article considers the administrative resources devoted to dealing with press and media relations and the difficult challenges resulting from the crisis which the Commission has experienced for the past two years : such information is mainly of a technical nature, and Community policies often concern only segments of public opinion, which, as an abstract entity, appears currently to be sceptical about EC developments. Observed from a Member State capital (Paris), the Commission's policies perceptions vary considerably and often concentrate on secondary aspects and overlook main achievements.

Agencies and European Administrative Reforms. The European Commission is faced with a double challenge : responding to the growing increase in its work load through reform of its working practices and instituting control mechanisms to increase the transparency of its activities. One of the ways in which its work is being rationalised is through the use of European agencies which are charged with an expanding number of supervision activities. The development of agencies poses problems of legitimacy and the need to respect linguistic pluralism within the Union's institutions. Furthermore, even if, in principle, the Commission retains its decision-making powers and does not delegate any regulatory powers, in times of crisis such as the spread of “mad cow” disease, analysis and decision-making are often difficult to discern.

Myths and Reality of the Community's Civil Service. In order to construct a satisfactory European order, it has been necessary to establish a Community civil service whose members are independent of their original national administration and who are dedicated to the defence of Community interests and not those of their respective nations. The Community civil service is a recent phenomenon ; but it is one which, from now on, must adapt to the new challenges of the European order. Through an appreciation of the number and status of European civil servants, it is possible to measure the influence of each of the Community institutions, and challenges to the special status of civil servants seem to be the best way to achieve the Community itself. Debate on the future status of Community civil servants is not without difficulties, but the adaptation of the service is a sine qua non of the quest to construct the European Union.

The Administration of European Justice. The Community's court System is entirely original. Each national judge is a judge of Community law, and the European Court of Justice, beyond its function in checking the application of Community law by Member States and the legality of Community acts, assures the uniform application of EC law via the preliminary ruling procedure. This mechanism has been tried and tested. However, the development of the courts' activities, together with the ECJ and Court of First Instance's enlarged sphere of competence, which bring about an excessive delay in the time taken for judgements to be given, suggest the need for a reform which comprises innovative solutions but does not call into question the present court structure. The Nice summit has brought with it some interesting solutions, but these are insufficient in the long-term.

The Administration of the European Parliament Serving its Members. The administration of the European Parliament has evolved alongside the Parliament itself, which has seen a series of significant transformations and a progressive increase in its powers. The list of categories of personnel and the organisation of the General Secretariat reveal the many tasks with which it is charged. The functioning of the European Parliament over three geographical sites and its particular linguistic requirements profoundly affect the modes of organisation of the General Secretariat. The prospect of enlargement exacerbates the problems of space and translation.

The Role of Member States in the European Union Administration. The fact that relatively few civil servants work within the European Union is due to the application of Community law by Member States' administrations under the supervision of the Community's administration. National administrations have a role to play in the administration of the European Union during the negotiation, and in order to implement the EU legislation. Moreover, national administrations are an indispensable tool in ensuring effective integration of countries seeking to join the Union. This is why these candidate countries must reform their administrations and why all Member States must try to unify their ministerial structures as far as possible, in order to enhance the vertical application of Community law and to facilitate relations between States and between Member States and the Community's administration.