Exploring the Possibility of Interplay between Different Types of Control: Connecting Political and Judicial Accountability in the Case of EASA
In: TARN Working Paper Series 01/2021, February 2021
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In: TARN Working Paper Series 01/2021, February 2021
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In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee's argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.
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In: Maastricht journal of European and comparative law: MJ, Band 27, Heft 3, S. 284-301
ISSN: 2399-5548
In a resolution adopted on 1 February 2018, the European Committee of the Regions noted that a legislative proposal of the European Commission concerning a Regulation that changes the rules governing the EU regional funds for 2014-2020 did not comply with the principle of subsidiarity. Accordingly, the Committee considered challenging the legislative proposal before the Court of Justice if the proposal was formally agreed upon. Although at a later stage the European Commission decided to take into account the Committee's argument and amended the proposal accordingly, such a context offers the chance to investigate more in detail the role of the Committee of the Regions in the legislative process of the EU and, more in particular, its role as a watchdog of the principle of subsidiarity. This paper aims to shed light on a rather neglected aspect of the EU constitutional practice, such as the potential of the Committee of the Regions to contribute to the legislative process, and answer the question of whether this Committee is the right body to guarantee compliance with the principle of subsidiarity.
In: https://dspace.library.uu.nl/handle/1874/414780
The European Aviation Safety Agency has been given various regulatory and enforcement tasks. This chapter analyses controls over specific outputs by EASA – soft law and airworthiness directives – and discusses a new oversight support mechanism. It argues that when de facto or de jure legally binding decisions face limits of judicial controls due to the nature of such decisions or judicial deference, ex ante controls, transparency requirements and political accountability seem essential and could be seen as mitigating for the challenges of judicial control.
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