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Relative Authority of Judicial and Extra-Judicial Review: EU Courts, Boards of Appeal, Ombudsman: Modern Studies in European Law

Autor Michal Krajewski
en Limba Engleză Paperback – 22 feb 2023
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.
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Specificații

ISBN-13: 9781509947331
ISBN-10: 1509947337
Pagini: 224
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.31 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Modern Studies in European Law

Locul publicării:London, United Kingdom

Caracteristici

Sets out thought-provoking framework for considering these decisions in the wider EU legal order

Notă biografică

Michal Krajewski is Postdoctoral Research Fellow at the University of Copenhagen, Denmark.

Cuprins

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 ApproachII. 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 NeutralityII. 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 ArchitectureIV. Protecting the Courts from Uncertainty

Recenzii

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.
Relative Authority of Judicial and Extra-Judicial Review is a timely and impressive study . the book is a success.
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.
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.