Administrative Procedures Linked with Article 258 TFEU Proceedings : an Academic Perspective

14-01-2011

This briefing note considers the administrative procedures of Article 258 TFEU and the relationship between the complainant and the European Commission. It sets out the legal framework for Article 258 TFEU, analysing it through the lens of good governance and legitimacy in the EU. It considers the potential for development of the administrative process in terms of the new legal landscape after Lisbon, and the challenges encountered by the European Parliament in holding the Commission accountable in relation to its ‘guardian’ function.

This briefing note considers the administrative procedures of Article 258 TFEU and the relationship between the complainant and the European Commission. It sets out the legal framework for Article 258 TFEU, analysing it through the lens of good governance and legitimacy in the EU. It considers the potential for development of the administrative process in terms of the new legal landscape after Lisbon, and the challenges encountered by the European Parliament in holding the Commission accountable in relation to its ‘guardian’ function.

Auteur externe

Melanie Smith (Lecturer in EU Law, Administrative Law and Public Law, Cardiff University, UK)