The present analysis will tackle the debates on the impact of Aquind on the role of Boards of Appeal, focusing in particular on two matters which could help understand the role and the functioning of the ESAs Joint Board of Appeal. The first one is the role and the legal framework for the suspension of administrative decisions2. The second matter is the role and the interpretation of fundamental rights in the case-law of the Board. The role of fundamental rights will be addressed firstly from the point of view of the quasi-judicial review that the Board performs and, secondly, from the perspective of the administrative bodies that are subject to such quasi-judicial review (or at least from what probably should be the perspective of administrative bodies).

Hard questions, short time: who is brave enough to sit in a board of appeal?

M. Siri
2024-01-01

Abstract

The present analysis will tackle the debates on the impact of Aquind on the role of Boards of Appeal, focusing in particular on two matters which could help understand the role and the functioning of the ESAs Joint Board of Appeal. The first one is the role and the legal framework for the suspension of administrative decisions2. The second matter is the role and the interpretation of fundamental rights in the case-law of the Board. The role of fundamental rights will be addressed firstly from the point of view of the quasi-judicial review that the Board performs and, secondly, from the perspective of the administrative bodies that are subject to such quasi-judicial review (or at least from what probably should be the perspective of administrative bodies).
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11567/1229617
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