The Principle of Institutional (Un)Balance after Lisbon. (June 2014)

• Record Type: Journal Article
• Authors: Gabbi, Simone
• Is Part Of: European journal of risk regulation. Volume 5:Number 2(2014)
• Page Start: 259
• Page End: 266
• Publication Date: 2014-06
• Subjects: Risk management -- Periodicals; Risk management -- Europe -- Periodicals; Periodicals; 363.102
• DOI: 10.1017/S1867299X00003718
• Languages: English
• ISSNs: 1867-299X

Abstract

Abstract : On 22 January 2014, the Grand Chamber of the Court of Justice confirmed the validity of the powers entrusted to the European Securities Markets Agency under Article 28 of Regulation (EU) No 236/2012, upholding their compatibility with the principle of institutional balance, the Lisbon Treaty and established case law of the CJEU. This case note gives an overview of the ruling and analyses its implications for ESMA and the broader Union institutional setting, with particular regard to the interplay between EU Institutions and agencies. It concludes by highlighting some reasons for potential constitutional concerns resulting from the combination of politically unchecked agencies and highly controlled Institutions.