Boards of Appeal of EU Agencies -

Boards of Appeal of EU Agencies

Towards Judicialization of Administrative Review?
Buch | Hardcover
368 Seiten
2022
Oxford University Press (Verlag)
978-0-19-284929-8 (ISBN)
137,15 inkl. MwSt
All EU agencies which have the power to adopt binding decisions share one feature: an organisationally separate administrative review body, i.e. a board of appeal. This title presents a series of case studies covering all the EU boards of appeal in existence, to explore how they function, the kind of reviews they offer, and the issues they raise.
While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal.

Merijn Chamon is Assistant Professor of EU Law at Maastricht University and Visiting Professor at the College of Europe (Bruges). He obtained his PhD at Ghent University on the topic of EU agencies. At the same institution he has also been a Postdoctoral Research Fellow for the Flemish Research Foundation on a project dedicated to mixed agreements in the EU's external relations. Merijn's research interests lie in EU constitutional, institutional, and procedural law as well as in the law of EU external relations. Annalisa Volpato is Assistant Professor of European Administrative Law at Maastricht University. She is also Managing Editor of the Review of European Administrative Law. Annalisa obtained her Ph.D. in EU law at University of Padua and Maastricht University (double degree). She was visiting researcher at York University and at EUI (Florence). Her research interests concern the institutional and administrative aspects of EU law, in particular the delegation of powers to EU institutions, EU agencies and standardisation bodies. Mariolina Eliantonio is Professor of European and Comparative Administrative Law and Procedure. Her research is focused on the enforcement of European law before national and EU courts. She does research specifically on the theme of access to court before national and European courts (with a special focus on environmental matters), on the Europeanisation process of national procedural administrative law and on the judicial review of the new modes of governance, especially soft law and technical standardisation.

Introduction
1: Between Added Value and Untapped Potential: The Boards of Appeal in the Field of EU Financial Regulation
2: The Boards of Appeal of Networked Services Agencies: Specialized Arbitrators of Transnational Regulatory Conflicts?
3: The Trailblazers: The Boards of Appeal of EUIPO and CPVO
4: The Board of Appeal of the European Chemicals Agency at a Crossroads
5: The EASA Board of Appeal in Search of Identity: An Effective Filter Between Administration and Courts?
6: Hidden Administrative Review in EU Law: The BoAs of EU Agencies in the Common Foreign and Security Policy
7: Frontex: Great Powers but No Appeals
8: The Boards of Appeal as Hybrid Adjudicators: On Some Shortcomings of Article 58a of the Statute of the Court of Justice of the European Union
9: Rethinking the Position of the Boards of Appeal from a Comparative Perspective
10: Who Litigates Before the Boards of Appeal?
11: The Position of Boards of Appeal: Between Functional Continuity and Independence
12: Judicial and Extra-Judicial Review: The Quest for Epistemic Certainty
13: Boards of Appeal of EU Agencies and Article 47 of the Charter: Uneasy Bedfellows?
Conclusion

Erscheinungsdatum
Verlagsort Oxford
Sprache englisch
Maße 160 x 241 mm
Gewicht 682 g
Themenwelt Recht / Steuern EU / Internationales Recht
Recht / Steuern Öffentliches Recht Völkerrecht
ISBN-10 0-19-284929-8 / 0192849298
ISBN-13 978-0-19-284929-8 / 9780192849298
Zustand Neuware
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