Reviewing the experts: a principled approach to the scrutiny of expert-based decision making in the CJEU

Arguments grounded on separation of powers and contextual expertise suggest that courts should refrain from undertaking searching inquiries into complex factual backgrounds. Measures that are the result of expert-intensive decision making have therefore traditionally been subject to a light-touch judicial review by the European Courts. Interestingly, things may be changing, as the CJEU has been...

Panel 21, MONDAY 25 June 2018 16:45-18:15