Rejecting a legal challenge from the UK, the European Court of
Justice ruled yesterday that the European Network and Information
Security Agency (ENISA), a centre of expertise for Member States
and EU Institutions, was established legally.
ENISA was set up in 2004 and is based in Crete. The Court said
it was correctly established on the basis of the single market
clause in Article 95 of the EC Treaty.
The single market clause of Article 95 provides for the adoption
of Community-wide rules which improve the single market by
qualified majority in the Council, by a proposal from the
Commission and in co-decision with the European Parliament.
The UK had challenged the establishment of ENISA, which in its
view should have been made by unanimity in the Council and with
consultation of the European Parliament only (EC Treaty Article
308).
But the judgment of the European Court of Justice confirms that
Community agencies which contribute to the proper functioning of
the single market can be established on the basis of the single
market clause even where their powers are essentially
non-regulatory in nature.
The European Court of Justice also said that single market rules
do not necessarily need to have Member States as their addressees.
It highlights the close connection between the work of ENISA and
the EU regulatory framework for electronic communications, which
have as their objective the single market in the field of
telecommunication services.
European Commissioner for Information Society and Media Viviane
Reding welcomed the ruling. She said it confirmed the Commission’s
view that rules which guarantee "safe, stable and trustworthy IT
networks in Europe can be adopted on the basis of the EC Treaty’s
single market rules," adding that she intends to make ENISA "a key
element of the Commission’s future work on network and IT
security."
