Book ChapterDOI
Outlook: Discussion of Reform Proposals
Korbinian Reiter
- pp 517-559
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TLDR
In this article, the authors defend the Commission's use of commitment decisions, arguing that the recourse to the Article 9 instead of the Article 7 procedure entails only a modest relaxation of the link between harm and remedy and of the procedural safeguards; it entails also a modest negative impact on legal certainty.Abstract:
So far, the present study has argued that most of the criticism that is levelled at the Commission’s use of commitment decisions is not justified. In the view defended here, the recourse to the Article 9 instead of the Article 7 procedure entails only a modest relaxation of the link between harm and remedy and of the procedural safeguards; it entails also only a modest negative impact on legal certainty. It is submitted that these modest shortcomings are, from an abstract point of view, acceptable in view of the consensual nature of commitments and of their underlying goal of procedural economy. This conclusion applies without prejudice to the necessity to balance the respective costs and benefits of Article 7 and Article 9 in each individual case according to the circumstances of the case at hand.read more
Citations
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The reform of the EU courts (II). Abandoning the management approach by doubling the General Court
TL;DR: The 2011 proposal of the European Court of Justice aiming to increase the number of judges of the General Court has mutated after four years into a complete change of the EU judicial system.
References
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Journal ArticleDOI
Lessons from SEC v. Citigroup: The Optimal Scope for Judicial Review of Agency Consent Decrees
TL;DR: In this paper, the authors present a clear standard of review focused on agency disability caused by a misalignment of interest or inadequate information in a consent judgment between the Securities and Exchange Commission (SEC) and Citigroup.
The reform of the EU courts (II). Abandoning the management approach by doubling the General Court. Egmont Paper 83, March 2016
TL;DR: The 2011 proposal of the European Court of Justice aiming to increase the number of judges of the General Court has mutated after four years into a complete change of the EU judicial system as mentioned in this paper.
Journal ArticleDOI
Die Bedeutung des Verhältnismäßigkeitsgrundsatzes bei der Annahme von Verpflichtungszusagen durch die Kommission nach Art. 9 VO (EG) Nr. 1/2003
TL;DR: The impact of the principle of proportionality as regards Commitment Decisions in this paper has been discussed in detail in the context of the Alrosa judgment, where it was argued that the Commission should not be required itself to seek for less onerous alternatives to the commitments offered to it.