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Legal Control of Regulatory Bodies: Principle, Policy and Teleology

THE EUROPEAN LEGAL ORDER AFTER LISBON, p. 93, Patrick Birkinshaw and Mike Varney, eds., Kluwer Law International, 2010

Oxford Legal Studies Research Paper No. 74/2010

25 Pages Posted: 1 Nov 2010  

Paul P. Craig

University of Oxford - Faculty of Law

Date Written: August 1, 2009

Abstract

This chapter is concerned with legal control over regulatory bodies in the European Union (EU). The term ‘regulatory body’ is defined broadly to include all EU bodies and agencies, even if they do not have power to issue binding regulatory norms, provided that they nonetheless participate in the regulatory process to varying degrees. Section 1 begins with the availability of judicial review, with the focus being on those bodies where this was not self-evident from the wording of Article 230 EC, which provides an opportunity to examine the creativity of the ECJ and CFI. In section 2 the discussion then turns to issues of standing, followed in section 3 with the targeting of judicial review, whereby the EU courts have ensured that review is directed towards or can take account of the bodies that contributed towards the contested decision, even if they were not strictly the authors. The focus shifts in section 4 towards consideration of legal controls designed to address the issue of whether the EU should be involved in the regulatory process at all, which involves consideration of impact assessment and subsidiarity. The discussion in section 5 and section 6 deals with legal controls in two specific subject matter areas, standardization and competition, with the focus on issues of accountability and legitimacy as they arise in these areas.

Keywords: Agencies, Judicial Review, EU, Accountability, Access

Suggested Citation

Craig, Paul P., Legal Control of Regulatory Bodies: Principle, Policy and Teleology (August 1, 2009). THE EUROPEAN LEGAL ORDER AFTER LISBON, p. 93, Patrick Birkinshaw and Mike Varney, eds., Kluwer Law International, 2010; Oxford Legal Studies Research Paper No. 74/2010. Available at SSRN: https://ssrn.com/abstract=1701238

Paul P. Craig (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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