299 research outputs found
Existence or Exercise of EU Competence? From Supervening Exclusivity to Institutional Balance in Limiting Facultative Mixity
No full textIntroduction
No full textThis chapter provides the introduction to the edited volume by spotlighting the Boards of Appeal (BoAs) in the context of the rise of agencies in the EU administration. It sets out how BoAs are internal review bodies of EU agencies that allow a certain level of administrative protection which needs to be exhausted before private parties can seize the EU Courts but which, in principle, also allows a more in-depth review of agency decisions compared to the review offered by the courts. Sketching this context, the chapter identifies the overarching research question of the edited volume as how the Boards of Appeal should be conceptualized and assessed both as a mechanism of legal protection and as to the degree to which they deliver on their theoretic potential of more intense scrutiny. The introduction thereby also clarifies the approach adopted in the edited volume, the first part of which is devoted to a series of case studies of specific BoAs or agencies, while the second part brings together chapters devoted to horizontal issues
Conclusion
No full textThis chapter offers concluding observations on the essence and functioning of the Boards of Appeal (BoA) by bringing together the main findings and flagging the open issues as they have emerged from the preceding chapters. First, the chapter reflects on some problematic features of the BoAs, namely their nature and position within the EU system of judicial protection and examines the impact of Article 58a of the Statute of the CJEU and the notion of ‘functional continuity’. Second, the chapter discusses what acts can be challenged before the BoAs as well as by whom, and the intensity with which BoAs review agencies’ decisions, noting especially a stark difference between the remedy which the BoAs offer in theory and what happens in practice. Third, the chapter brings to the fore some open questions for future research
Constitutional limits to the EU agencies’ external relations
No full textThis chapter traces the constitutional limits to the external action of EU agencies. It argues that these limits are a combination of the general constitutional limits on EU action, the institutional balance in EU external relations (as most recently clarified by the Court of Justice in Case C-660/13) and the specific limits to EU agency action (the Meroni doctrine and the Common Approach on Decentralied Agencies). The working arrangements which the Commission Directorates General have concluded with a number of EU agencies pursuant to the Common Approach are assessed from this constitutional perspective. The chapter finds that the EU legislature has devoted insufficient attention to these limits when defining the agencies' external powers in their establishing regulations and identifies a possible way forward to ensure effective external action by EU agencies while respecting the relevant constitutional limits.</p
Book review: The External Dimension of EU Agencies and Bodies. Law and Policy, edited by Herwig C.H. Hofmann, Ellen Vos and Merijn Chamon. (Cheltenham: Edward Elgar, 2019)
No full textRecensione all'opera collettanea "The External Dimension of EU Agencies and Bodies. Law and Policy", curata da Herwig C.H. Hofmann, Ellen Vos e Merijn Chamon, pubblicata da Edward Elgar nel 2019
A Brexit could make it easier for Scotland to join the EU as an independent state
No full textOne of the key issues in the 2014 referendum on Scottish independence was the question of how an independent Scotland could join the EU and whether it would retain the same membership terms as the UK. Merijn Chamon and Guillaume Van der Loo revisit the issue in light of the UK’s upcoming referendum on EU membership. They argue that if the UK were to leave the EU, it could simplify the process for Scotland to retain its membership should the country opt to become independent
Scotland and Catalonia would face very real challenges in making a seamless transition to EU membership after independence
No full textIndependence campaigners in both Scotland and Catalonia have advocated retaining their EU membership post-independence. Merijn Chamon and Guillaume Van der Loo assess the legal basis on which subnational entities could maintain EU membership after declaring independence. They write that while the EU treaties make no explicit reference to this situation, it would be difficult for a seamless transition to take place. This is partly because EU accession negotiations could only be concluded with a fully recognised state, which would inevitably entail a gap between the establishment of a region’s independence and their ability to conclude negotiations over EU membership
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