Administrative review before the EU agencies’ Boards of Appeal

Author(s):  
Paola Chirulli ◽  
Luca De Lucia
Keyword(s):  
elni Review ◽  
2012 ◽  
pp. 92-96
Author(s):  
Anaïs Berthier

The EU General Court adopted two long awaited decisions on 14 June 2012 in cases T-338/08 and T-396/09 in which it interprets for the first time Regulation 1367/2006 (the Aarhus Regulation) that applies the Aarhus Convention to EU institutions and bodies. The General Court also departs from the caselaw of the Court on the possibility for the Courts to examine the validity of an act of European Union law in the light of an international treaty. The author of this article supports this ruling and provides arguments that advocate a broadening of the control of legality of EU law. In both decisions, the General Court held that the regulation was not compatible with the Convention with regard to the types of acts that could be challenged through the administrative procedure provided by the Aarhus Regulation. Art. 10 of Regulation 1367/2006 allows NGOs to challenge decisions of EU institutions which constitute 'administrative acts'. In case T-338/08, the Non-Governmental Organisation (NGO) applicants made a request to the Commission to review Regulation 149/2008 setting maximum residue level for certain products. In case T-396/09, NGOs asked the Commission to review the decision granting the Kingdom of the Netherlands a temporary exemption from the obligations laid down by Directive 2008/50/EC on ambient air quality and cleaner air for Europe. In both cases, the Commission considered the requests inadmissible claiming that the concerned acts were not 'administrative acts' as defined in Art. 2(1)(g) of Regulation 1367/2006 because they were not of 'individual scope'. The Court annulled both decisions. It therefore broadened the interpretation of the right access to justice for NGOs in environmental matters. A great move forward one might hope, but the Commission has appealed against both judgments. In this article, it is examined what real added value these decisions have with regards to access to justice. The author demonstrates that even though these decisions allow a broader category of acts, including those adopted through comitology, to be challenged under the administrative review procedure provided by the Aarhus Regulation, the decisions still do not ensure compliance of EU law with the Aarhus Convention. In this regard, the author sees that the appeal of the Commission focuses on the relationship between international law and EU law and the role of the latter as a 'benchmark' and legal basis to invalidate acts of secondary law.


Author(s):  
Bernd van der Meulen

AbstractIntroductionPart 1 of this article describing the EU new regulatory framework for GM food was published in the last issue of this journal. Part 1 dealt with the new authorisation procedure. In that context some attention was given to the developments that led to the new framework and to administrative review. The main topics discussed in this final part are the traceability requirements and labelling requirements. These are followed by supervision and emergency measures. At the end transitional measures are treated.


2013 ◽  
Author(s):  
Rinus van Schendelen
Keyword(s):  

2002 ◽  
Vol 7 (3) ◽  
pp. 221-224 ◽  
Author(s):  
Bernhard Wilpert

The paper presents an inside evaluation of the EuroPsyT project, funded by the EU Leonardo Program in 1999-2001. While standard research usually neglects to reflect on the internal and external constraints and opportunities under which research results are achieved, the paper stresses exactly those aspects: starting from a brief description of the overall objectives of the 11 countries project, the paper proceeds to describe the macro-context and the internal strengths and weaknesses of the project team, the internal procedures of cooperation,. and obstacles encountered during the research process. It winds up in noting some of the project's achievements and with a look towards future research.


2020 ◽  
Vol 25 (2) ◽  
pp. 104-121 ◽  
Author(s):  
Enrique Gracia ◽  
Marisol Lila ◽  
Faraj A. Santirso

Abstract. Attitudes toward intimate partner violence against women (IPVAW) are increasingly recognized as central to understanding of this major social and public health problem, and guide the development of more effective prevention efforts. However, to date this area of research is underdeveloped in western societies, and in particular in the EU. The present study aims to provide a systematic review of quantitative studies addressing attitudes toward IPVAW conducted in the EU. The review was conducted through Web of Science, PsychINFO, Medline, EMBASE, PUBMED, and the Cochrane Library, in accordance with the Preferred Reporting Items for Systematic Reviews and Meta-analyses (PRISMA) recommendations. This review aimed to identify empirical studies conducted in the EU, published in English in peer-reviewed journals from 2000 to 2018, and analyzing attitudes toward IPVAW. A total of 62 of 176 eligible articles were selected according to inclusion criteria. Four sets of attitudes toward IPVAW were identified as the main focus of the studies: legitimation, acceptability, attitudes toward intervention, and perceived severity. Four main research themes regarding attitudes toward IPVAW emerged: correlates of attitudes, attitudes as predictors, validation of scales, and attitude change interventions. Although interest in this research area has been growing in recent years, the systematic review revealed important gaps in current knowledge on attitudes toward IPVAW in the EU that limits its potential to inform public policy. The review outlines directions for future study and suggests that to better inform policy making, these future research efforts would benefit from an EU-level perspective.


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