Amsterdam Centre for European Law and Governance

ACELG Recent Developments Meeting: The Microban and Inuit cases - Regulatory acts, democracy and administration

Eljalill Tauschinksy

19June2012 13:15 - 14:15

Conference

Eljalill Tauschinksy

The Recent Developments meeting is a forum in which an ACELG member submits a development (a court decision, a report, etc.) within the European Union for discussion.

In the recent Microban and Inuit cases the General Court decided on claims by private parties against EU acts. These claims are the first under the new Article 263 TFEU. These two cases have in common that the Court defined the term `regulatory act’ which is central to the expansion of standing for private parties before the ECJ. The Court’s choice here was relatively conservative, as it basically equated `regulatory act’ with `non-legislative act’.

Both cases also touch further upon issues of European identity; that is its inclusiveness and responsibility for external effects, as well as its paradigm of administrative law. Yet, the Court appears to have tried to avoid these issues in its judgment.

In her introduction to the cases Eljalill Tauschinsky will shortly present the facts underlying the cases and the Court’s definition of `regulatory act’ and possible criticism to this definition, linking it to the definition of `direct concern’. She will also touch upon the problems of democracy, administration and identity raised by the cases, and present to what extent the Court treated them.

Speaker

Eljalill Tauschinsky is a PhD researcher at ACELG. She is part of the project `The Architecture of Postnational Rulemaking’. During her PhD she will research non-legislative rule-making in the EU in light of the fiduciary quality of public authority.

Venue and registration

Tuesday, 19 June 2012, 13.15 – 14.15
Oudemanhuispoort 4-6, 1012 CN Amsterdam, E 2.12A

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