Do independent boards of appeal set up in some EU agencies and the European Ombudsman compensate for the shortcomings of EU Courts?
This book examines the operation of EU judicial and extra-judicial review mechanisms. It confronts the formal legal rules with evolving practices, relying on rich statistical data and internal documents. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties in the process. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it casts light on how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.
Rezensionen / Stimmen
The book is a courageous and thorough tour de force that covers the challenges and limitations faced by the EU's current court system, and how its parallel expansion through the creation of panels, boards of appeal and other adjudicative bodies has contributed to reinforce the rule of law in the EU legal order. -- Daniel Sarmiento * EU Law Live * Relative Authority of Judicial and Extra-Judicial Review is a timely and impressive study ... the book is a success. -- Richard Kirkham, University of Sheffield * Public Law * Krajewski's conceptualization on the relative authority of bodies having judicial and extra-judicial review powers in the EU is a welcome addition to studies on the EU enforcement paradigm. Relative Authority of Judicial and Extra-Judicial Review is a must-read for those interested in the procedural pluralism intrinsic to EU institutional settings, and a thought-provoking volume for academics and members of the institutions alike. * Common Market Law Review * Krajewski offers a rich, meticulous, and carefully considered study of how 'extra-judicial' review mechanisms complement judicial review ... Krajewski's book offers an impressive and inspiring take on these phenomena. Hopefully, others will pick up the exploration. -- Moritz Schramm * Review of European Administrative Law *
Reihe
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für höhere Schule und Studium
Maße
Höhe: 234 mm
Breite: 156 mm
ISBN-13
978-1-5099-4733-1 (9781509947331)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Michal Krajewski is Postdoctoral Research Fellow at the University of Copenhagen, Denmark.
Autor*in
European Ombudsman, Belgium
1. Introduction
I. Overview of the Book
II. Beyond the Judicial Paradigm
III. Putting Formal Labels Aside
IV. The Book's Structure
2. The Shortcomings of EU Judicial Review
I. Limited Review of Uncertainty
II. Deficient Judicial Expertise and Procedural Tools
III. Restrictive Access
IV. The Risks of Judicial Overload and Overreach
V. Conclusion
3. The Bits and Pieces of Review Mechanisms
I. A Change in the Methodological Approach
II. The Models of Review Mechanisms
III. Independence, Powers, Accessibility, Activity
IV. Conclusion
4. Judicial Review: Justice and Efficiency
I. Judicial Independence: Safeguards, Resources and Expertise
II. The Reach of Judicial Power
III. Restrictive Access and the Court's Administrative-Economic Profile
IV. The Value and Cost of Procedural Activity
V. Conclusion
5. Administrative Review: Cheaper, Quicker and More Thorough?
I. Reconciling Independence and Proximity
II. The Reach of Law and Science
III. The Long Shadow of Plaumann
IV. Procedural Activity in an Administrative Trial
V. Conclusion
6. Ombuds-review: Justice without Binding Powers
I. Independence and Political Neutrality
II. Taking the Ombudsman Seriously
III. A Public Interest Venue
IV. Towards Greater Procedural Discretion
V. Conclusion
7. Conclusions
I. The Assets and Shortcomings of Extra-judicial Review
II. The Rule of Law and Epistemic Uncertainty
III. The Political Design of Judicial and Extra-judicial Architecture
IV. Protecting the Courts from Uncertainty
