Competence Versus Competency: Judicial Review of Impact Assessments by the Court of Justice of the European Union

Forthcoming, The Theory and Practice of Legislation (2018)

32 Pages Posted: 15 Nov 2017

See all articles by Edwin Alblas

Edwin Alblas

Wageningen University and Research (WUR)

Jose Luis Castro-Montero

Universidad Andina Simon Bolivar

Date Written: November 10, 2017

Abstract

At a time in which regulatory ex ante instruments increasingly fulfill the role of legitimation of legislative action in the European Union (EU), we analyse why and how the Court of Justice of the EU (CJEU) should assess regulatory impact assessments (IA). Although intra and inter institutional checks in order to secure the quality of IAs have already been instituted, we still identify several pitfalls of an exclusive non-judicial review system. To effectively engage with IAs review, we argue, it is necessary for the CJEU to amass competence – i.e. legal capacity – to engage with instruments used to achieve regulatory quality, as well as gradually enhance its competency – i.e. professional ability – to decide upon the validity and reliability of scientific evidence underlying IA reports.

Keywords: Court of Justice of the European Union, impact assessment, judicialization, law making, proportionality

Suggested Citation

Alblas, Edwin and Castro Montero, Jose Luis, Competence Versus Competency: Judicial Review of Impact Assessments by the Court of Justice of the European Union (November 10, 2017). Forthcoming, The Theory and Practice of Legislation (2018), Available at SSRN: https://ssrn.com/abstract=3068986

Edwin Alblas (Contact Author)

Wageningen University and Research (WUR) ( email )

Hollandseweg 1
Wageningen, 6706KN
Netherlands

Jose Luis Castro Montero

Universidad Andina Simon Bolivar ( email )

Toledo N22-80 (Plaza Brasilia)
Quito, Pichincha 17-12-569
Ecuador

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