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Baran, Mariusz --- "The scope of EU Courts’ jurisdiction and review of administrative decisions – the problem of intensity control of legality" [2017] ELECD 424; in Harlow, Carol; Leino, Päivi; della Cananea, Giacinto (eds), "Research Handbook on EU Administrative Law" (Edward Elgar Publishing, 2017) 292

Book Title: Research Handbook on EU Administrative Law

Editor(s): Harlow, Carol; Leino, Päivi; della Cananea, Giacinto

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710675

Section: Chapter 12

Section Title: The scope of EU Courts’ jurisdiction and review of administrative decisions – the problem of intensity control of legality

Author(s): Baran, Mariusz

Number of pages: 24

Abstract/Description:

The Court of Justice functions as a guarantor of the institutional balance between Union authorities. The Court has two main public law functions, which are (i) the role of a constitutional court in the functional sense – when the Court adjudicates on actions for reviewing the compliance of secondary law with primary law (Article 263 TFEU), actions for failure to act against law-making institutions (Article 265 TFEU), or when it gives a preliminary ruling (Article 267 TFEU); and (ii) the role of an administrative court – when it adjudicates on actions brought by individuals against acts adopted by Union institutions which are of concern to them (Article 263(4) TFEU) as well as on actions against failure to act in this respect (Article 265(3) TFEU). It is with the latter that this chapter is concerned. The chapter focuses primarily on the role of the CJEU when dealing with actions brought by private bodies, usually in the General Court (GC), and where the CoJ acts solely as an organ of appeal (Article 51 CJEU Statute). It provides an analysis of the intensity of review by the CJEU when exercising this administrative jurisdiction. The chapter opens with a discussion of the concept of ‘decision’ as an act applying provisions of Union law and of the function of the CJEU as an administrative court. These introductory issues will be followed by a discussion of intensity of review exercised by the CJEU by way of adjudicating on actions for annulment (Article 263 TFEU) and within its ‘unlimited jurisdiction’ (Article 261 TFEU).