
Contents
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
11.1 Introduction 11.1 Introduction
-
11.2 Functional continuity and independence: a conceptual framework 11.2 Functional continuity and independence: a conceptual framework
-
11.2.1 A narrow understanding of ‘functional continuity’ and its compatibility with the principle of independence 11.2.1 A narrow understanding of ‘functional continuity’ and its compatibility with the principle of independence
-
11.2.2 A broad understanding of ‘functional continuity’ and its troubled, yet not impossible, relation with the principle of independence 11.2.2 A broad understanding of ‘functional continuity’ and its troubled, yet not impossible, relation with the principle of independence
-
-
11.3 The degree of independence of the BoAs of EU agencies: a general overview 11.3 The degree of independence of the BoAs of EU agencies: a general overview
-
11.3.1 Functional independence 11.3.1 Functional independence
-
11.3.2 Personal independence 11.3.2 Personal independence
-
11.3.3 Financial independence 11.3.3 Financial independence
-
11.3.4 Appointment of the members of the Boards 11.3.4 Appointment of the members of the Boards
-
11.3.5 Removal of members of the Boards 11.3.5 Removal of members of the Boards
-
-
11.4 From an administrative to a judicial litigation? Assessing Germany v ECHA 11.4 From an administrative to a judicial litigation? Assessing Germany v ECHA
-
11.5 BoAs of EU agencies in transition: enhancing their independence, respecting their peculiarity 11.5 BoAs of EU agencies in transition: enhancing their independence, respecting their peculiarity
-
11.5.1 Some caveats before tackling a reform of the institutional position of the Boards 11.5.1 Some caveats before tackling a reform of the institutional position of the Boards
-
11.5.2 The main arguments in favour of such a reform and its scope 11.5.2 The main arguments in favour of such a reform and its scope
-
-
11.6 Conclusion 11.6 Conclusion
-
-
-
-
-
-
11 The Position of Boards of Appeal: Between Functional Continuity and Independence
Get access-
Published:March 2022
Cite
Abstract
This chapter illustrates the peculiar nature of the Boards of Appeal (BoA) of EU agencies, which has been affected by two fundamental changes in the general landscape of the EU system of judicial protection. The changes include the fall of the specialized tribunals, which resulted in greater room for the development of the BoAs and the introduction of the filter mechanism in Article 58a of the Statute of the Court of Justice of the European Union (CJEU). It evaluates how these changes have affected the institutional position of the BoAs of the EU agencies and elaborates how they might evolve over the next few years. The chapter discusses the traditional understanding of the BoAs, framing the misleading principle of functional continuity and its relationship with that of independence. It also reviews the main elements of the functional, institutional, personal, and financial independence of the different BoAs in place.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 11 |
November 2022 | 13 |
December 2022 | 3 |
January 2023 | 7 |
February 2023 | 10 |
March 2023 | 8 |
April 2023 | 4 |
May 2023 | 7 |
June 2023 | 8 |
July 2023 | 10 |
August 2023 | 3 |
September 2023 | 16 |
October 2023 | 9 |
November 2023 | 2 |
December 2023 | 6 |
January 2024 | 9 |
February 2024 | 2 |
March 2024 | 10 |
April 2024 | 13 |
May 2024 | 2 |
June 2024 | 8 |
July 2024 | 6 |
August 2024 | 3 |
September 2024 | 3 |
October 2024 | 11 |
November 2024 | 2 |
December 2024 | 1 |
January 2025 | 4 |
March 2025 | 10 |
April 2025 | 3 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.