Administrative Independence in the Nordic States : EU Law Requirements and National Traditions

• Published in: Nordic Journal of European Law
• Main Author: Wenander, Henrik
• Format: Article in Journal/Newspaper
• Language: English
• Published: 2022
• Subjects: Law; Administrative law; European administrative law; Constitutional law; EU law; Administrative independence; Förvaltningsrätt; Europeisk förvaltningsrätt; Konstitutionell rätt; EU-rätt; Norway; Iceland
• Online Access: https://lup.lub.lu.se/record/087ba017-5a65-4102-b98f-229f450b8040; https://doi.org/10.36969/njel.v5i1.24497

EU law increasingly requires that the Member States establish independent administrative bodies in various fields. Examples include market supervision, non-discrimination, and data protection. This article addresses the realisation of such requirements in the five Nordic states. The West Nordic systems of Denmark, Iceland, and Norway feature a traditional hierarchic organisation of the administrative authorities under the relevant ministries, albeit with examples of independent administrative bodies. Contrastingly, the East Nordic systems of Finland and Sweden have a long-standing constitutional tradition of organising the entire state administration with a considerable degree of independence from the governmental level. The study of the constitutional frameworks and traditions contributes to understanding the impact of EU law requirements on independence in different national systems. The relatively uncritical reception of requirements on administrative independence in the Nordic states is contrasted with the sceptical views on administrative independence in continental Europe, especially Germany, as exemplified by Commission v Germany (on independent national data protection authorities). The Nordic experiences, however, highlight the tension between the ideals of total independence and the needs for the authorities to be linked to, and funded by, the public sector.