The European Supervisory Authorities before the Court of Justice
(2026) The Anti-Money Laundering Authority and EU Financial Agencies — ISBN: [9780198980896], 129-145, published
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Bauerschmidt, Fromage, European Supervisory Authorities before the Court of Justice, 2026.pdf
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- Abstract
- (en) Judicial review of administrative actors and administrative action is a cornerstone of the rule of law. The European Supervisory Authorities, which have been created by the Union legislator to administer supervisory policy in the European Union, are no exception. This raises the questions how the European Supervisory Authorities may be held to legal account before the Court of Justice and whether this enables effective judicial protection. Analysing the sizeable and still-evolving case law, this chapter sets out that there are three different avenues to bring the European Supervisory Authorities before the Court of Justice: first, when these agencies are founded or conferred important powers which is limited to mainly privileged applicants; second, these agencies may be challenged directly by applicants who are directly and individually concerned; third, these agencies may be challenged indirectly even for soft law actions which have an effect on individuals. This will allow assessment of whether there is effective judicial protection against the European Supervisory Authorities before the Court of Justice.
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Citations
Bauerschmidt, J., & Fromage, D. (2026). The European Supervisory Authorities before the Court of Justice. In Jonathan Bauerschmidt, Raffaele D’Ambrosio, Diane Fromage, Andreas Schirk (ed.), The Anti-Money Laundering Authority and EU Financial Agencies (pp. 129-145). Oxford University Press. https://doi.org/10.1093/9780198980926.003.0007