Rethinking EU Health Agencies’ Accountability Amidst Public Health Transformations

EU Agencies are ‘non-majoritarian bodies’ distinguished by their permanent status, operating within the framework of European public law. They are ‘institutionally separate from the EU institutions’ and have their own personality. Moreover, they are governed by a Management Board composed of EU institutions and Member States and operate in close collaboration with national competent authorities. Furthermore, they are established by secondary legislation by the Council and/or European Parliament and ‘have clearly specified tasks [alongside a] certain degree of administrative autonomy’. Their hybrid nature, evident in their organisational structure but also in their operational methods, especially with many agencies participating in composite procedures, positions them as significant intermediaries connecting the EU and its Member States to the extent that some have addressed as ‘inbetweeners’. Such conceptualisation of EU Agencies appears especially fitting for EU Agencies operating within supportive competence, like public health, where Member States continue to exert substantial influence. As inbetweeners, these entities prompt inquiries regarding the institutional balance, not only in relation to EU institutions but also concerning the Member States. Additionally, questions arise about their constitutional standing, particularly concerning the presence of suitable accountability mechanisms that acknowledge the role of the Member States in these sensitive areas. These inquiries have gained increased urgency in light of the transformations induced by the COVID-19 pandemic. In this context, the paper aims to investigate how the enhanced mandates of the European Medicine Agency and the European Centre for Disease Prevention and Control, proposed as part of the European Health Union, have altered the dynamics of these bodies concerning both EU institutions and the Member States (via national competence authorities or other involved national entities). The paper seeks to determine whether suitable accountability mechanisms have accompanied the expanded mandates. These mechanisms should not only preserve the independence of these bodies but also recognise the delicate nature of the involved area (public health). Consequently, the exploration aims to assess whether control mechanisms have been devised concerning the Member States, which attach significant importance to public health and hold a primary competence in the field, and the expanded role assumed by the Union in managing cross-border crises.