Better Regulation by Appeal

Abstract

This paper looks into the way in which appeal and judicial review by the European Union (EU) Courts are or can be (made) instrumental to Better Regulation (BR). We examine the way EU Courts review EU legislation before and after the Lisbon Treaty and try to think through the possible consequences the Treaty changes of 2009 have. On this occasion, we take a closer look at the interesting and more or less parallel development of judicial review of non-primary legislation in the United States under the Administrative Procedure Act and the way judiciary review on individual appeal has been transformed into a cornerstone for BR. Is a similar development probable, if indeed advisable, in the EU?