ABSTRACT

Indeed, member states delegate negotiation authority to an EU negotiator, as a result of which the latter enjoys a certain degree of discretion via the former. Principal-agent models offer concepts and insights, which are relevant to frame relations between actors who delegate and actors who represent them. Also the result of delegation i.e. the degree of discretion enjoyed by the agent can be analysed by applying a principal-agent framework. To build a fully applicable principal-agent model that frames the relations between the member states and the EU negotiator in the context of international environmental negotiations, the basic delegation model needs to be extended in three ways. Principal-agent model is applied to the decision-making process, prescribed by article 300 TEC, where the Commission negotiates on behalf of the member states for issues on which the EC has exclusive competences. The decision-making process can be analytically divided into three stages: the authorization, negotiation and ratification stage.