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Boards of Appeal of EU Agencies: Towards Judicialization of Administrative Review?

Boards of Appeal of EU Agencies: Towards Judicialization of Administrative Review?

Author: Merijn Chamon; Annalisa Volpato; Mariolina Eliantonio
Publisher: Oxford University Press
ISBN: 9780192849298
Published In: March 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal.

Introduction

1:Between Added Value and Untapped Potential: The Boards of Appeal in the Field of EU Financial Regulation

2:The Boards of Appeal of Networked Services Agencies: Specialized Arbitrators of Transnational Regulatory Conflicts?

3:The Trailblazers: The Boards of Appeal of EUIPO and CPVO

4:The Board of Appeal of the European Chemicals Agency at a Crossroads

5:The EASA Board of Appeal in Search of Identity: An Effective Filter Between Administration and Courts?

6:Hidden Administrative Review in EU Law: The BoAs of EU Agencies in the Common Foreign and Security Policy

7:Frontex: Great Powers but No Appeals

8:The Boards of Appeal as Hybrid Adjudicators: On Some Shortcomings of Article 58a of the Statute of the Court of Justice of the European Union

9:Rethinking the Position of the Boards of Appeal from a Comparative Perspective

10:Who Litigates Before the Boards of Appeal?

11:The Position of Boards of Appeal: Between Functional Continuity and Independence

12:Judicial and Extra-Judicial Review: The Quest for Epistemic Certainty

13:Boards of Appeal of EU Agencies and Article 47 of the Charter: Uneasy Bedfellows?

Conclusion

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