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.

 

Table Of Contents

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