Reference : Judicial review of EU soft law: a revolutionary step which has not fully happened (Ca...
Scientific journals : Article
Case briefs/Comments on statutes or statutory instruments
Law, criminology & political science : European & international law
Law / European Law
Judicial review of EU soft law: a revolutionary step which has not fully happened (Case note on BT v. Balgarska Narodna Banka, C-501/18)
Hubkova, Pavlina mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
Revista General de Derecho Europeo
[en] soft law ; judicial review ; CJEU
[en] In the judgment in case BT v Balgarska Narodna Banka, the Court of Justice of the EU declared, for the first time, invalid a part of a legally non-binding EU act – a recommendation adopted by the European Banking Authority and addressed to the Bulgarian National Bank. It also confirmed that the referring court deciding upon damages has a duty to take such a recommendation into consideration. Moreover, the individuals in the national proceedings should have a right to rely upon the content of the recommendation even if they are not addressees of such an act. However, when assessed in more detail, the case points out to several interesting aspects related to EU soft law that have not been properly discussed yet.
Fonds National de la Recherche - FnR
Regulatory Enforcement in Multi-level Settings II
Researchers ; Students
FnR ; FNR12251371 > Joana Mendes > DTU-REMS-II > Enforcement In Multi-level Regulatory Systems > 01/01/2019 > 30/06/2025 > 2017

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