soft law; judicial review; national implementation
Abstract :
[en] The European Supervisory Authorities present an example of EU agencies that have been empowered to issue soft law acts in order to ensure uniform interpretation and uniform application of legally binding EU rules in the area of financial regulation. Each of these bodies has a clearly defined set of rules to which it can issue soft law, and any deviation from this set of rules is a sign of exceeding powers. Therefore, it is necessary to control whether the European Supervisory Authorities do not exceed the limits of their powers when issuing soft law and whether the content of a particular soft law act is not contrary to binding rules. However, control mechanisms at the EU level appear to be insufficient. Administrative control is bound by somewhat unfortunate rules, which tend to hinder the actual assessment. Judicial review by the Court of Justice of the EU is possible, but only in preliminary ruling procedure, which is not a very effective alternative to direct actions, in which the case law of the CJEU does not allow for an assessment of the legality of EU soft law.
Disciplines :
European & international law
Author, co-author :
Hubkova, Pavlina ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
External co-authors :
no
Title :
Kontrola a soudní přezkum obecných pokynů a doporučení vydávaných Evropskými orgány dohledu
Alternative titles :
[en] Control and judicial review of guidelines and recommendations adopted by the European Supervisory Authorities
