Bulletin n. 1-2/2014 | ||
November 2014 | ||
Alberti Jacopo |
||
L'utilisation d'actes de soft law par les agences de l'Union européenne | ||
in Revue de l'Union européenne/Revue du Marché Commun et de l'Union européenne , n. 576, mars , 2014 , 161-169 | ||
EU agencies are actors with an increasing influence on the EU decision-making process, even if they have been given mainly instru-mental, non- binding powers. Interestingly, EU agencies are highly reliant on soft rule-making. Indeed, through the adoption of formally non-binding acts EU agencies may circumvent the constitutional limits that constrain their powers. Therefore, this article examines the different soft-law measures en-acted by EU agencies, dividing them in 4 categories, based on the margin of discretion they leave to the addressees. Then this frame-work is used for analysing the differences and addressing the problems concerning the rule- making processes followed for the adop-tion of these acts and the extent of the judicial review. | ||