Boards of appeal of EU agencies : towards judicialization of administrative review ?

While the EU agencies that have been granted the power to adopt binding decisions are a diverse group, they at least share one feature: in all of them an organisationally separate administrative review body, i.e. a board of appeal, has been established. The review procedures before these boards must be exhausted before private parties can seize the EU courts and the boards therefore all fulfil a similar function: filtering cases before they end up before the courts and providing parties by expert-driven review. Sharing this common function as well as some common features, the boards of appeal of the different agencies remain heterogenous in their set up and functioning. This raises a host of questions from both a theoretic and practical perspective which this volume analyses in depth: how do the boards function, which kind of review do they offer, and how should they be conceptualized in the EU's overall system of legal protection against administrative action? To answer these questions, the volume's first part presents a series of case studies, covering all the EU boards of appeal currently in existence, while a second part looks into the horizontal issues raised by the phenomenon of the boards of appeal. Title_Pages Foreword Acknowledgements Table_of_Cases List_of_Contributors Introduction 1. Between Added Value and Untapped Potential: The Boards of Appeal in the Field of EU Financial Regulation 2. The Boards of Appeal of Networked Services Agencies: Specialized Arbitrators of Transnational Regulatory Conflicts? 3. The Trailblazers: The Boards of Appeal of EUIPO and CPVO 4. The Board of Appeal of the European Chemicals Agency at a Crossroads 5. The EASA Board of Appeal in Search of Identity: An Effective Filter between Administration and Courts? 6. Hidden Administrative Review in EU Law: The BoAs of EU Agencies in the Common Foreign and Security Policy 7. Frontex_ Great Powers but No Appeals 8. The Boards of Appeal as Hybrid Adjudicators: On Some Shortcomings of Article 58a of the Statute of the Court of Justice of the European Union 9. Rethinking the Position of the Boards of Appeal from a Comparative Perspective 10. Who Litigates before the Boards of Appeal? 11. The Position of Boards of Appeal: Between Functional Continuity and Independence 12. Judicial and Extra-Judicial Review: The Quest for Epistemic Certainty 13. Boards of Appeal of EU Agencies and Article 47 of the Charter: Uneasy Bedfellows? Conclusion Index This book is devoted to the Boards of Appeal of the EU agencies. While EU agencies are a diverse group, one subcategory among them has been granted the power to adopt binding decisions. Those agencies have also been established with an organizationally separate administrative review body, a Board of Appeal (BoA). In theory, these BoAs have a dual function, that is filtering cases before they end up before the courts and providing parties with expert review of scientifically or technically complex decisions. Despite this common function, the BoAs of different EU agencies remain heterogenous in their set up and functioning. In addition, the degree to which the BoAs actually live up to the expectation of a more in-depth scrutiny of EU administrative action remains an open question. The book provides in-depth analysis on the functions of the BoAs, what kind of review do they offer, and how should they be conceptualized in the EU’s overall system of legal protection against administrative action. It presents a series of case studies that cover the existing EU BoAs and looks into the horizontal issues raised by the phenomenon of the BoA. All EU agencies which have the power to adopt binding decisions share one feature: an organisationally separate administrative review body, i.e. a board of appeal. This title presents a series of case studies covering all the EU boards of appeal in existence, to explore how they function, the kind of reviews they offer, and the issues they raise.