This article revisits the balancing act between independence and accountability at the European Central Bank (ECB). It contrasts procedural and substantive concepts of accountability, and challenges the mainstream idea that independence and accountability can be reconciled through narrow mandates, the indiscriminate increase of transparency, the creation of multiple channels of accountability, and the active use of judicial review. These assumptions form the pillars of a procedural type of accountability that promises to resolve the independence/accountability dilemma but fails to do so in practice. The article brings evidence to show how ECB accountability has become a complex administrative exercise that focuses on the procedural steps leading up to monetary and supervisory decisions while simultaneously limiting substantive accountability. The failure to acknowledge the trade‐off between independence and accountability (said to be ‘two sides of the same coin’) has resulted in a tendency to privilege the former over the latter.
Accountability in the EU's para-regulatory state: The case of the Economic and Monetary Union
(2021)
This article revisits Majone's famous argument about accountability in the regulatory state in reference to the European Union's (EU) Economic and Monetary Union. We show that the EU has entered the stage of a “para-regulatory state” marked by increasing EU regulation in areas linked to core state powers. Despite the redistributive and politicized nature of these policy areas, the EU's “para-regulatory state” has continued to rely on its regulatory model of accountability, focused on decisionmaking processes, and interest mediation. In line with Majone, we describe the model as procedural and contrast it to substantive accountability – which is necessary when regulation has clear redistributive implications. Using two case studies from fiscal policy and monetary affairs, we illustrate the predominance of procedural accountability as exercised by the European Parliament and EU Courts. We complement the empirical analysis with a normative discussion of how substantive accountability could potentially be rendered in both fields.
his article introduces a new normative framework for analysing accountability in the European Union’s Economic and Monetary Union (EMU). The framework is anchored in four normative ‘goods’ that accountability is supposed to ensure: openness, non-arbitrariness, effectiveness, and publicness. All of these can be achieved in a procedural or substantive way, depending on whether actors are held accountable for the quality of their decision-making processes or for the actual merit of their decisions. Transposed to EMU, this conceptualisation shows both the payoffs and trade-offs of prioritising procedural accountability. Using different examples across EMU governance, the article illustrates how current mechanisms of political, legal, and administrative accountability predominantly evaluate the procedures followed by EU institutions when performing their tasks. While such an approach can bring clarity, predictability, and autonomy for the actors involved, it distracts attention from the substantive assessment of EMU decisions. The article contributes to the EMU accountability literature by going beyond principal-agent expectations of democratic control rooted in the nation-state or legal debates about principles for accountable behaviour found in EU Treaties. The EMU, and the EU more broadly, need a different perspective on accountability focused on generally-applicable standards for holding power to account.