Relative Authority of Judicial and Extra-Judicial Review: EU Courts, Boards of Appeal, Ombudsman

Description

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 extrajudicial 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. Volume 105 in the Series Modern Studies in European Law Acknowledgements 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 Bibliography Index