In person icon Judicial and Meta-Judicial Remedies in European Shared Administration

Abstract

The European Union (EU) has traditionally been seen as a regulatory authority. According to the theory of executive federalism, the central authority at the European level holds the legislative power and the component entities at the national level hold the implementation and enforcement powers. Nonetheless, over the years the EU has progressively gained enforcement powers in areas where it previously held only regulatory authority. This shift has prompted the rise of shared administration, the essence of which is that ‘Union legislation imposes formal legal obligations on both the Commission and the Member States for the effective implementation of a particular administrative regime.’ The shared administration has facilitated the creation of specialized EU agencies. As decentralized bodies of EU law, they are generally involved by the legislator in (composite) procedures whereby agencies need to co-operate with the Commission and the Member States to deliver policy results. In other words, EU agencies have become responsible for implementing relevant policies next to the Member States. The proliferation of EU agencies in various policy domains as well as the powers that these bodies have progressively acquired gave rise to the phenomenon of ‘agencification’, that is the process whereby the EU agencies take up an increasingly important role in the EU administration, both in a quantitative as well as in a qualitative sense. Drawing from insights relating to various EU agencies, this panel aims to shed light on the under-researched complex system of internal and external remedies related to various agencies and designed to respond to a demand for justice within the ever-evolving system of EU shared and integrated administration. By acknowledging the limits and challenges to the traditional judicial review by the Court of Justice, this panel aims to offer insights into various elements of such a complex system of remedies within different policy areas. To this aim, the presentations in this panel reflect on different elements of the complex system of internal and external remedies, including – but not limited to - the internal complaint mechanisms, the functioning of the boards of appeal, the role of the European Ombudsman, the consultative fora, democratic scrutiny and the limits of the European judiciary.

Title	Details
The CJEU’s Take on the Administration of the EU’s Social Model	View Paper Details
Naming, Blaming Claiming and EU Agencies: Dispute Resolution in the Agencification of European Administration	View Paper Details
The European Border and Coast Guard Agency (FRONTEX) and the Limits to Effective Judicial Protection	View Paper Details
EU Shared Administration and the Role of the Boards of Appeal	View Paper Details
Judicial Remedies in AFSJ Agencies: Trends in Integrated and Hybrid Administration with a Focus on the EPPO’s Case	View Paper Details