Better Regulation by Appeal

Abstract

This paper looks into the way in which appeal and judicial review by EU courts is or can be (made) instrumental to better regulation. We look into the way EU courts review EU legislation before and after the Lisbon Treaty and try to think through what the Treaty changes will bring after December 2009 (especially the changes in article 263 TFEU). For that we take a closer look at the interesting and more or less parallel development of judicial review of non-primary legislation in the USA under the Administrative Procedure Act and the way judiciary review on individual appeal has been transformed into a cornerstone for better regulation. Is a similar development probable, if indeed advisable in the EU?