Tagged: decision 2010/252/EU

Boat refugees, the democratic deficit and EU constitutional law

Not many EU lawyers get excited when it comes to comitology, but with Case C-355/10 Parliament v. Council we have every reason to. Not only is the case materially interesting – it concerns operations of EU Member States against illegal immigration and boat refugees – it is also of fundamental constitutional importance because the CJEU ruled that provisions which require ‘political’ choices cannot be delegated by the EU legislature and, what is more, this assessment is amenable for judicial review. In my opinion, this judgment can be seen as an attempt by the Court to address one of the ‘democratic deficit’ problems of the EU, namely excessive regulation at comitology level, by putting clear limits on delegation of legislative powers by the EU institutions. It is also a victory for the Parliament, an institution that has always felt uneasy about comitology.

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