CYIL Vol. 7, 2016

JAKUB HANDRLICA CYIL 7 ȍ2016Ȏ persons or undertakings 47 etc. We may find other similar (although still very rare) examples of decision making powers in other multilateral international agreements, such as in the Agreement on International Energy Programme of 1974, which grants certain decision powers to the Governing Board of the International Energy Agency (IEA). 48 7. It is a matter of fact that each delegation of decision making power to any international agency represents a limitation of the State‘s “jurisdiction to enforce”. Mainly due to this fact, the existing examples of delegation of decision making powers to international organisations have remained (most probably due to a relative remoteness and particularity of the mentioned subjects) to great extent untouched by the legal science for the last decades. 49 It is a matter of fact that the above mentioned decision making powers find their legal base directly in the provisions of the multilateral international agreements. The cases of decision making by these international agencies are not considered to be the subject of regulation by national rules governing administrative decision making. 50 Consequently, the decision making of the international agencies is covered neither by the national rules of administrative proceedings nor by the rules of judicial review of the concerned states, which constitutes a rather important challenge in current international administrative law. From another point of view, these cases might be also considered as a kind of obscurity in international public law, while the phenomenon has become currently rather frequent in the most recent EU law. 51 This is in particular the case for various “decentralised” agencies (e.g. the Agency for Cooperation of Energy Regulators , the Community Plant Variety Office , the European Medicines Agency , the Office for Harmonisation in Internal Market ) and their direct decision making competencies vis-à-vis private subjects in the territory of the EU. In strict contrast to the framework existing under international public law, the applicable provisions of the EU law do provide for procedural rules, as well as for rules of appeal and review proceedings. However, it is a matter of fact that the EU currently lacks any inspection. This order shall be submitted without delay to the President of the Court of Justice of the European Union for subsequent approval (Art. 81). 47 In the event of an infringement on the part of persons or undertakings of the obligations imposed on them by this Chapter, the Commission may impose sanctions on such persons or undertaking (Art. 83). 48 The Governing Board shall meet within 48 hours of receiving the Committee’s report and proposal. The Governing Board shall review the finding of the Secretariat and the report of the Management Committee and shall within a further 48 hours, acting by special majority, decide on the measures required for meeting the necessities of the situation, including the increase in the level of mandatory demand restraint that may be necessary (Art. 20.3). 49 It is a matter of fact that some jurisdictions tried to deal with this issue by imposing national provisions regulating execution of international controls in theirs territories. 50 SCHMIDT-ASSMANN, E. The Internationalization of Administrative Relations as a Challenge for Administrative Law Scholarship , German Law Journal, 2008, pp. 2072 et seq. 51 HOFMANN, H. Mapping the European Administrative Space , in: Curtin, D., Egeberg, M. (eds.) Towards a new executive order in Europe, Routledge, New York, 2009, pp. 24 et seq.

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