Judgments on the selection of the seats of EU agencies: Challenges and what will change
| Author | Tomáš Buchta |
| DOI | http://doi.org/10.1177/1023263X221148419 |
| Published date | 01 December 2022 |
| Date | 01 December 2022 |
| Subject Matter | Case Notes |
Judgments on the selection
of the seats of EU agencies:
Challenges and what will change
TomášBuchta*
Abstract
The process of the selection of the seats of an EU agency has been an intergovernmental decision-
making between the EU Member States, in most cases separated from the EU legislative process
related to the establishment and functioning of the agency. The Court of Justice had a possibility to
assess the legality of this hybrid process and decided that the power to determine the seat of EU
agency belongs solely to the EU co-legislators. The three judgments in five cases contain several
contentious points regarding the interpretation of Article 341 TFEU, which will be analyzed in this
case note. In addition, its purpose will be also to assess the implications of the judgments to future
decision-making process related to the selection of seats of EU agencies.
Keywords
The seat of an EU agency, European Medicine Agency, European Labour Authority, Article 341
TFEU, Decisions of the Representatives of the Governments of the Member States
1. Introduction
The selection of the seat of an EU agency has always been a sensitive procedure with national inter-
ests at stake.
1
The political sensitivity even threatened the EU unity during the negotiations on the
UK withdrawal from the EU.
2
The nature of this process entails intensive competition among the
*
Permanent Representation of the Slovak Republic to the EU, Brussels, Belgium
Corresponding author:
TomášBuchta, Permanent Representation of the Slovak Republic to the EU, Avenue de Cortenbergh 79, Brussels 1000,
Belgium.
E-mail: buchtatomas@gmail.com
1. G. Schusterschitz, ‘European Agencies as Subjects of International Law’,1International Organizations Law Review
(2004), p. 163.
2. Euractiv, ‘Battle for EU Agencies May Erode EU Unity Pre-Brexit’, (2017), https://www.euractiv.com/section/uk-
europe/news/battle-for-eu-agencies-may-erode-eu-unity-pre-brexit/.
Case Note
Maastricht Journal of European and
Comparative Law
2022, Vol. 29(6) 726–735
© The Author(s) 2023
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1023263X221148419
maastrichtjournal.sagepub.com
To continue reading
Request your trial