Le commissioni di ricorso nel sistema di giustizia dell'Unione europea

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Abstract

The Boards of Appeal in European Union law are administrative bodies, responsible for resolving disputes in areas of competence of the Offices, Agencies and Authorities in which they are based. They carry out secure judicial activity, reinforced by the nature of their intervention, which is prejudicial to ordinary judicial protection. The interest in the topic is also determined by the orientation of the jurisprudence, examined in the volume. On the one hand, the thesis of the interpretation so-called “Functional continuity” has prevailed in the jurisprudence, according to which the Boards of Appeal would carry out the same activity as the bodies of first instance, accentuating the administrative aspects, to the detriment of those of the dispute. The paper, on the other hand, tends to demonstrate that the phase before the Boards of Appeal and that before the Judge of the Union constitute a single integrated system of protection, in which the Boards of Appeal operate as a "Court", according to art. 6 ECHR, and indeed they provide the guarantees of due process, since they allow a complete review of the complex technical assessments, made by the administrative bodies. The recent reform of art. 58a of the Statute of the Court of Justice, which limits the last resort appeal to the Court for disputes already subject to double legitimacy checks both before some Boards of Appeal and before the Court of the European Union to exceptional cases, reinforces this approach.
Lingua originaleItalian
EditoreGiuffrè
Numero di pagine523
ISBN (stampa)978-88-28-82795-5
Stato di pubblicazionePublished - 2020

Serie di pubblicazioni

NomeCOLLANA DI TESTI E DOCUMENTI DI DIRITTO EUROPEO

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