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Book reviews – Comptes rendus – Buchbesprechungen 129
The author begins with an historical overview of the notion of executive power. He
focuses on Montesquieu’s theory and especially on the idea of “check and balance”. This is
followed by an attempt to find a definition of “executive power” through the observation of
the executives of the Member States of the Union. Jorda argues that it is possible to identify
an executive function stricto sensu, which corresponds to administrative activity, and a
wider function, which would be more normative and governmental. He therefore poses the
question whether such an executive power exists at the European level.
He divides his analysis in two parts. In the first part, the author highlights that the first
characteristic of the Union’s executive power is its double split-up among European
institutions on one hand (section I) and between European institutions and Member States
on the other (section II). Chapter I of section I provides an in-depth analysis of comitology
and particularly of the new comitology decision of 1999, while chapter II deals with the
administrative execution, making a distinction between “external” and “internal”
community administration, the former consisting namely of EC competition law, the latter
mostly concerning staff matters. Jorda argues that the essence of the Union’s executive
power can only be understood through comitology. Not only does it show the variable
character of this power, but it also highlights its transnational quality. Section II puts the
accent on this particular issue. In the first chapter of this section the author focuses on the
nature of national authorities’ executive power in the context of EC law. Particular attention
is paid to the principle of co-operation between Member States and the EC established in
article 10 ECT. Chapter II of section II highlights the difficulties which Member States
encounter in executing European law. Jorda’s analysis shows that Member States’ executive
powers are residual, depend, however, on the legislative instruments made by the European
institutions. He concludes the first part of the book arguing that the executive power of the
Union varies greatly and can belong to the European institutions, the national authorities
and, in certain cases, also to some local authorities.
The second part of the book is based on the view that the tasks which are assigned to the
Union at present are not sufficient to create a genuine Union’s executive power, neither
stricto senso nor in its broader definition. Jorda bases his analysis on two main arguments.
First, he argues that the Union has an insufficient monitoring on its powers (section I).
Chapter I concentrates on the imperfections of the political monitoring, focusing on the
roles played by the European and national parliaments. Chapter II discusses the juridical
monitoring, which the author considers to be incomplete. Jorda’s second argument refers to
the pillar structure of the Union. He argues that the Union’s executive function is still
unachieved because of its heterogeneity. He identifies three main areas where this
phenomenon is particularly clear: the economical and monetary field, the second and third
pillars and the external action of the Union. A detailed analysis of the role played by each
institution and the Member States in those areas follows. In the third chapter Jorda claims
that the difficulties connected to the delimitation of competencies between Union and
Member States and the absence of a clear distinction in the Treaty between legislative and
executive instruments are a clear deficiency of executive power. He concludes his analysis
by restating his underlying theme, namely that the executive power of the Union is
unachieved, and by suggesting that if this is due to the specific nature of the Union the
development of this concept will depend on the European evolution.
On the whole this book constitutes a valuable reference for readers interested in this quite
complicated topic. The law practitioners should not be too intimidated by the long
theoretical introduction. The core part of the book is well-structured and the author analyses
in detail many aspects of European institutional law. His analysis is interesting and
intelligent but the speed at which European law evolves make some arguments sound
already obsolete. The work of the Convention will perhaps bring more precision to the