The CJEU and new forms of executive powers

Abstract

The Court of Justice of the EU has historically held an exceptionally strong position vis-à-vis the other EU institutions and the Member States. However, recent trends have seen the executive gaining ground, inter alia through increased reliance on soft law, informal decision-making outside the legislative procedure, and expert governance, exposing the limits of the judicial role in holding these new forms of public power to account. How have these developments affected the EU judiciary’s ability to effectively review the actions of executive actors? What strategies is the CJEU developing to address these shifts, if any? This panel explores the role of the judicial branch in the evolving constitutional and institutional EU landscape. It invites both empirical papers examining the exercise of judicial power in the EU and theoretical papers addressing, in particular, the principle of separation of powers within the Union and the CJEU’s role in developing it.

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