The Activity of EU Agencies’ Boards of Appeal and Their Impact on the Judicial System: an Empirical Research

L’attività delle commissioni di ricorso delle Agenzie dell’Unione europea ed il loro impatto sul sistema giurisdizionale: un’analisi empirica

L’activité des chambres de recours au sein des agences de l’Union européenne et leur impact sur le système judiciaire: une recherche empirique

Abstract ENG | ITA | FRA

The present research aims to shed light on the practical relevance of administrative review carried out by Boards of Appeal of EU Agencies and its overall impact on the judicial system of the European Union. The paper moves from the commonly adopted theoretical framework on the nature and functions of BoAs as well as from the main contributions tackling the recent reforms of the CJEU, namely the various amendments to Protocol No 3 on the Statute of the Court of Justice of the European Union. Specifically, the paper investigates the impact of Article 58a of CJEU Statute, assessing the application of such filter and the outcome of admitted appeals. The paper delivers empirical evidence on the quality and quantity of BoAs’ output by comparison with further judicial stages. Swiftness is deemed to be an essential feature of internal review by BoAs, hence, it has been addressed specifically. The research confirms the great diversity which characterizes the functional and operational aspect of such bodies. In conclusion, the paper highlights the failure by some Boards to express their full potential, mainly owing to their limited remit, especially in the field of chemicals, banking resolution and finance.