European Union Law
Judicial review and case law
The institutional framework of the ECSC treaty of 1951 was based upon a major innovation: the establishment of a supranational agency known as the High Authority. The Authority’s accountability mechanisms included: the powers of the Special Council of Ministers who could impede the adoption of Community measures, powers of the parliamentary assembly who controlled the management of the Community budget and could dismiss the Authority with a motion of censure, and powers of the Court of Justice, who could review the legality of the High Authority’s and Council’s acts. Such a system was highly original compared to international organisations, but quite common when compared with public administration in member states, or with US government agencies, including the Commission created by the Interstate Commerce Act of 1887 (an inspiration for the team of Jean Monnet who prepared the Schuman Declaration of 9 May 1950). The system of remedies with the CJEU was therefore comparable from the outset to that of administrative courts in member states – especially of France, where judicial review of executive power included the entirety of rule-making acts since the nineteenth century. It became comparable to those of constitutional courts with the development legislative power in the hands of the EP and Council.
Those remedies have been extended to the reviewing of all EU IBOAs, as specified in Article 263 TFEU. The wording of that Article reflects to a large extent the system of the traditional French action for annulment (recours pour excès ce pouvoir) – especially...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.