This insightful book provides a comprehensive account and assessment of the mechanisms of judicial accountability of EU agencies within the multi-layered system of EU administrative governance. It sheds light on the extent to which the peculiarities of EU agencies nature and actions affect litigation.
The contributors provide expert analysis of the way in which the Court of Justice of the European Union (CJEU) reviews complex economic or technical appraisals carried out by EU agencies. They address how the composite, multi-actor framework in which EU agencies operate affects the review by the CJEU. Chapters also reflect on a number of procedural issues related to litigation involving EU agencies before the CJEU.
EU Agencies Before the Court of Justice is an essential resource for scholars and students of administrative law, European law, politics and public policy. It is also a useful guide for legal practitioners, lawyers who specialize in EU law, and policymakers.
Arvustused
With remarkable insight and breadth, this volume offers a compelling account of the unfinished constitutionalisation of EU agencies and the CJEUs pivotal role in constantly recalibrating their status. By addressing the intensity of judicial review, composite responsibility, and persistent procedural uncertainties, it is a must-read for these mushrooming bodies navigating vague accountability, technical-scientific complexities, and effective legal protection. -- László Szegedi, Ludovika University of Public Service, Hungary This book offers a much-needed spotlight on three pivotal aspects of the judicial review of EU agencies acts: how courts engage with highly complex and expertise-driven decision-making; how judicial scrutiny is secured within composite administrative procedures; and how litigation rules and procedural design ultimately shape the effectiveness of judicial protection. -- Marta Simoncini, Luiss University, Italy
Contents
Introduction to EU Agencies Before the Court of Justice 1
Mariolina Eliantonio, Herwig C.H. Hofmann and Annalisa Volpato
PART I THE INTENSITY OF JUDICIAL REVIEW OF EU
AGENCIES ACTS
1 The variable geometry of the review of EU decision-making
agencies acts 19
Annalisa Volpato
2 Judicial review of actions by EU financial agencies: European
Supervisory Authorities and the Single Resolution Board 56
Menelaos Markakis
3 Reviewing the ECB: deference and its justifications 86
Michael Ioannidis
PART II THE REVIEW OF COMPOSITE PROCEDURES
INVOLVING EU AGENCIES
4 Judicial review of EU and national action in networked
enforcement mechanisms 109
Lisette Mustert
5 Un carrefour dimpasses: judicial review of EU agency soft
law in composite procedures 133
Nathan de Arriba-Sellier
6 Opening at the close: Union agencies and the duty to provide
reasons in composite decision-making 158
Filipe Brito Bastos
7 Hybrid EU administration and judicial review of EU agencies
enforcement powers: lessons from Frontex and the European
Public Prosecutors Office 178
Florin Coman-Kund and Melanie Fink
PART III PROCEDURAL ASPECTS OF EU AGENCIES LITIGATION
8 EU agencies and bodies, public interest, and expertise in EU
judicial review 214
Micha Krajewski and Sarah Tas
9 A silent revolution: EU agencies right to intervene in direct
actions 238
Merijn Chamon
10 Litigation of actions for damages against EU agencies:
challenges and implications for accountability 257
Katri Havu
Edited by Annalisa Volpato, Associate Professor of European Union Law, Università degli Studi di Padova, Italy, Mariolina Eliantonio, Professor of European and Comparative Administrative Law and Procedure, Maastricht University, the Netherlands and Herwig C.H. Hofmann, Professor of European and Transnational Public Law, University of Luxembourg, Luxembourg
