The chapter focuses on the recent practice consisting in attributing certain tasks to EU institutions within the framework of international agreements between Member States (ESM Treaty, Fiscal Compact). The legality of this practice is scrutinised in the light of the Pringle judgment of the Court of Justice of the European Union. The chapter criticises the Court's approach for failing to apply a consistent standard of review to the preservation of its own prerogatives and those of political institutions and argues that the introduction of a mechanism of preventive judicial control over inter se agreements could prove useful in order to ensure the preservation of the autonomy of the EU legal order.
L’assegnazione di compiti alle istituzioni europee nell’ambito di accordi internazionali tra Stati membri
Alberto Miglio
2015-01-01
Abstract
The chapter focuses on the recent practice consisting in attributing certain tasks to EU institutions within the framework of international agreements between Member States (ESM Treaty, Fiscal Compact). The legality of this practice is scrutinised in the light of the Pringle judgment of the Court of Justice of the European Union. The chapter criticises the Court's approach for failing to apply a consistent standard of review to the preservation of its own prerogatives and those of political institutions and argues that the introduction of a mechanism of preventive judicial control over inter se agreements could prove useful in order to ensure the preservation of the autonomy of the EU legal order.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.