The legal framework for an autonomous European Research Council

Abstract:

One of the central debates surrounding current European research policy concerns the creation of a European Research Council (ERC). Whilst the function of such a funding institution is relatively uncontroversial (namely the independent promotion of excellent basic research), many questions remain as regards the legal framework for an autonomous ERC. This article considers, inter alia, the relevant legal bases, the question of subsidiarity, the language issue and the legal instruments available to set up such an institution. The analysis will show that an ERC based on Art.171 EC is more likely to be shielded from political interference than would be the case if it took the form of an executive agency set up pursuant to Council Regulation No. 57/2003.