Accountability… Judicial Review of EU-level Resolution of a Systemically Significant Eurozone Bank by an EU Agency in the SRM – Concluding remarks to the blog series on the Banco Popular case, by JTimmermans 11 Nov 202214 Nov 2022 Introduction The Banking Union, incl. the SRM framework, has been highly criticised by economists, politicians and legal experts for being considered flawed, incomplete and institutionally complex. This criticism is expected…
Accountability… Opening the doors to civil society litigation in public contracts, by R Caranta 1 Nov 202230 Oct 2022 Summary Since 1971 (then) EEC directives have regulated award procedures for public procurement and later for concessions in order to create an internal market open to economic operators from all…
Composite procedure… Good administration for whom, by whom? The right to be heard and the right of access to files in resolution matters, by J Reichel 14 Oct 202213 Oct 2022 In all five cases on the Banco Popular resolution (T-481/17, T-510/17, T-523/17, T-570/17, and T-628/17), the applicants argued that their right to some aspect of good administration in Article 41 of the…
Equality… Why we need a doctrine of scarce government rights, by S Verbeyst, S Devroe and S Lierman 11 Oct 20229 Oct 2022 Summary Central to the doctrine of scarce government rights is the search for a transparent distribution system. Scarce rights are rights that are limited in number and where demand exceeds…
Accountability… Referential reasons-giving and the limits of Union Agencies’ power, by F Brito Bastos 7 Oct 20222 Oct 2022 Introduction On June 1st, 2022, the General Court delivered five much-anticipated rulings on the Banco Popular case. The rulings are gargantuan in length and raise numerous issues from the perspective…
Accountability… Outsourcing Rulemaking Powers, by C Jenart 1 Jul 20221 Jul 2022 Introduction Alexis de Tocqueville allegorized Parliament as a man navigating a sailing boat in the middle of the ocean: he can steer the ship, but cannot influence its structure, nor…
Accountability… The shared management of EU funds: new perspectives and challenges, by M Eliantonio, E Korkea-aho, and N Vogiatzis 24 Jun 202220 Jun 2022 Questions surrounding how the EU budget is spent or audited have been, and will always be, of interest to EU citizens. Formally, the responsibility for the implementation of the budget…
Accountability… A Proposal for Solving EU Soft Law´s Challenges to Rule of Law and Democracy, by W Weiß 10 Jun 20227 Jun 2022 In the management of the COVID-19 pandemic, soft law was the instrument of choice for the European Commission. This exacerbated the long-standing concerns of constitutional scholars about soft law´s challenges…
Accountability… Judicial Independence and the Rule of Law in the UK after Brexit, by Theodore Konstadinides 10 Dec 20218 Dec 2021 The rule of law as a means of reducing the arbitrary exercise of power is at the epicentre of the future of the Polish and Hungarian EU membership, especially with…
Accountability… Nemo censetur ignorare legem: the dilemma regarding the access to ISO standards referenced into EU law, by Marie Gérardy 23 Nov 202123 Nov 2021 EU public actors increasingly use copyright-protected private technical standards in the operationalisation of EU law. This post suggests that the responsibility to work out the tension between the right to…
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