La Unión Europea como «Estado regulador» y las Administraciones independientes

Abstract

The inadequacy of public finances, the discrediting of public enterprises and their subsequent privatisation, the loss of confidence in economic planning and consequent recourse to market as an alternative technique, and the need for expertise, stability and international credibility in administrative intervention in strategic sectors, are cause of the implementation of the «regulatory State» in Europe. These elements affect with special intensity in the EU and although there have been political and legal circumstances that have delayed this transformation, the evolution of the once restrictive doctrine Meroni has largely eliminated the legal obstacles. On the other hand, the decision by the UE legislator to give to national regulatory agencies discretionary powers, without the legal possibility of limitation by the national legislator, It is a mutation affecting the Constitution of the member States and poses problems of accountability and judicial review.