This article examines the role of the ECJ as “power” among the other powers of the EU legal system. The analysis is construed through the examination of the ECJ case-law, which serves to explain the contribution by the ECJ to the establishment of the rule of law as a fundamental principle of the EU legal system, this being the most important instrument to govern the inter-institutional balance among EU powers and to allow individual to enforce rights granted by EU norms vis-à-vis other individuals and especially the EU (and member States) institutions. In doing this, the author contends that the apparent lack of full legal protection in respect of some areas of EU law, such as in the CFSP arena, or the jurisdiction for review of legality of acts by natural or legal persons, may be interpreted as a flaw in the system; on the other hand, problems can be envisaged in the Commission practice to adopt atypical acts (as in the competition law field) and non-legislative documents, as well as in the more recent development of agencies, whose growing powers deserve particular attention also from the point of view of establishing proper principles and rules for jurisdictional control of their activity.
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|Titolo:||Il ruolo della Corte di giustizia dell’Unione europea e il suo rapporto con gli altri organi dell’Unione|
|Data di pubblicazione:||2013|
|Appare nelle tipologie:||02.01 - Contributo in volume (Capitolo o saggio)|