Relative Authority of Judicial and Extra-Judicial Review

Michal Krajewski is Postdoctoral Research Fellow at the University of Copenhagen, Denmark.

The book is a courageous and thorough tour de force that covers the challenges and limitations faced by the EU’s current court system, and how its parallel expansion through the creation of panels, boards of appeal and other adjudicative bodies has contributed to reinforce the rule of law in the EU legal order.

• 1. Introduction I. Overview of the Book II. Beyond the Judicial Paradigm III. Putting Formal Labels Aside IV. The Book’s Structure 2. The Shortcomings of EU Judicial Review I. Limited Review of Uncertainty II. Deficient Judicial Expertise and Procedural Tools III. Restrictive Access IV. The Risks of Judicial Overload and Overreach V. Conclusion 3. The Bits and Pieces of Review Mechanisms I. A Change in the Methodological ApproachII. The Models of Review Mechanisms III. Independence, Powers, Accessibility, Activity IV. Conclusion 4. Judicial Review: Justice and Efficiency I. Judicial Independence: Safeguards, Resources and Expertise II. The Reach of Judicial Power III. Restrictive Access and the Court’s Administrative-Economic Profile IV. The Value and Cost of Procedural Activity V. Conclusion 5. Administrative Review: Cheaper, Quicker and More Thorough? I. Reconciling Independence and Proximity II. The Reach of Law and Science III. The Long Shadow of Plaumann IV. Procedural Activity in an Administrative Trial V. Conclusion 6. Ombuds-review: Justice without Binding Powers I. Independence and Political NeutralityII. Taking the Ombudsman Seriously III. A Public Interest Venue IV. Towards Greater Procedural Discretion V. Conclusion 7. Conclusions I. The Assets and Shortcomings of Extra-judicial Review II. The Rule of Law and Epistemic Uncertainty III. The Political Design of Judicial and Extra-judicial ArchitectureIV. Protecting the Courts from Uncertainty