The Compatibility of Deferential Standard of Judicial Review in the EU Competition Proceedings with Article 6 of the European Convention on Human Rights

Bernatt, Maciej

doi:10.2139/ssrn.2447884

Cited by 6 publications

(1 citation statement)

References 2 publications

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“…One of the clearest examples of the cases when an EU institution or a body enjoys a broad discretion is that having the element of political choice. In one of such cases, 9 the Court of Justice has considered that the European Parliament has made its political choice by conferring on the European Commission (hereinafter referred to as the Commission) the power to adopt an implementing act pursuant to Article 291 TFEU, and not a delegated act on the basis of Article 290 TFEU. 10 The Court of Justice has noted that the EU legislature enjoys discretion when it decides to confer a delegated or implementing power on the Commission.…”

Section: General Aspects Of the Scope Of Judicial Review Performed Bymentioning

confidence: 99%

Kelios pastabos dėl Sąjungos teisėjo atliekamos teisminės kontrolės apimties

Valančius

2019

LAW

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This article presents some general aspects of the scope of judicial review applied by the Court of Justice of the European Union as well as its particularities in competition (the research comprises cases concerning agreements restricting competition and the abuse of a dominant position) and civil service cases. As legal texts of the European Union do not provide the precise scope of judicial control, the jurisprudence of the Court of Justice of the European Union is one of the main sources giving clarifications on this issue. This article focuses accordingly on the presentation of the relevant jurisprudence, which analyzes the subject matter in general and reflects the evolution of this Court’s approach in the said competition and civil service cases.

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Section: General Aspects Of the Scope Of Judicial Review Performed Bymentioning

confidence: 99%