I co-authored an article on legal basis challenges back in 1999 in the
Common Market Law Review, which while rather technical, gives an overview
of how and, more importantly, why, legal basis challenges occur:
Charlesworth A. and H. Cullen "Diplomacy by Other Means: The Use of Legal
Basis Litigation as a Political Strategy by the European Parliament and
Member States" (1999) 36 Common Market Law Review 1243 - 1270.
Best wishes
Andrew
--On 09 June 2006 11:03 +0100 Nigel Roberts <[log in to unmask]> wrote:
> The decision on APD is a highly technical one. It is founded on the fact
> that the Council and the Commission did not have a legal basis for making
> the agreement with the USA. It is a form of judicial review of (European)
> executive action.
>
> What is really interesting about the case is the activist way the ECJ
> (Luxembourg) appear to be considering matters which are the purview of
> the ECtHR (Strasbourg) in reaching their decision.
>
> Now there are are two possibilities post September.
>
> 1. That the Commission and the Council attempt to cobble together another
> legal justification for their agreement, and we go round the circle again.
>
> 2. That it is recognised that there ARE no legal powers available, and
> there has to come a proposal for a Regulation (preferred to a Directive)
> on passenger data handling.
>
>
>
> Nigel
>
> --
>
> Nigel Roberts BSc CEng FBCS DipEngLaw
> Island Networks, 4&5 St Anne's Walk, Alderney, GY9 3JZ (GG)
> Tel. 01481 822800 (office) or 0870 321 2282 (direct line)
> Mobile: 07010 701112 or +423 663 178 200
>
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Andrew Charlesworth
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School of Law/Department of Computer Science
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