The "Power of Appraisal" (Pouvoir D'Appreciation) of the Commission of the European Communities vis-à-vis the Powers of Judicial Review of the Communities' Court of Justice and Court of First Instance

Authors

Virpi Tiili
Jan Vanhamme

Abstract

It is, therefore, clear that the Courts must test the soundness of the Commission's appraisals. This means, however, that judges are obliged to examine the administrative file, thereby inevitably bringing themselves intellectually close to building their own bridge from the facts, via the legal framework of the case, to a legal outcome in casu. In some instances, it may prove almost impossible to disguise the conflict between the Court’s and the Commission's assessments in the judgment, especially if annulment or damages is the outcome of the case. It is in this regard that an appropriate balance must be found between the Courts' powers of judicial review and the Commission's power of appraisal.

Recommended Citation

Virpi Tiili and Jan Vanhamme, The "Power of Appraisal" (Pouvoir D'Appreciation) of the Commission of the European Communities vis-à-vis the Powers of Judicial Review of the Communities' Court of Justice and Court of First Instance, 22 Fordham Int'l L.J. 885 (1998).
Available at: https://ir.lawnet.fordham.edu/ilj/vol22/iss3/7