Checks and Balances of Soft EU Rule-Making

08-03-2012

This report has been drafted upon the invitation of the European Parliament to perform a study on the provisions, instruments or areas of activity of EU institutions, bodies, offices and agencies, where judicial review is not possible. As the judicial reviewability of EU soft administrative and regulatory rule-making is particularly problematic, this type of rule-making has been put central. The report aims at highlighting the institutional, procedural and judicial framework within which soft rule-making is used and what actions may be required for a better design thereof.

This report has been drafted upon the invitation of the European Parliament to perform a study on the provisions, instruments or areas of activity of EU institutions, bodies, offices and agencies, where judicial review is not possible. As the judicial reviewability of EU soft administrative and regulatory rule-making is particularly problematic, this type of rule-making has been put central. The report aims at highlighting the institutional, procedural and judicial framework within which soft rule-making is used and what actions may be required for a better design thereof.