Documents
Europa English Court of Justice of the European Union CJEU
06.10.2021
Opinion
Italy v Council and Parliament (Siège de l’Agence européenne des médicaments)
Provisional text OPINION OF ADVOCATE GENERALBOBEKdelivered on 6 October 2021(1)Joined Cases C‑106/19 and C‑232/19 Italian Republic (C‑106/19)Comune di Milano (C‑232/19)v Council of the European Union European Parliament(Action for annulment – Admissibility – Locus standi – Direct and individual concern – Regulation (EU) 2018/1718 amending Regulation (EC) No 726/2004 as regards the location of the seat of the European Medicines Agency – Prerogatives of the European Parliament – Decision adopte...
Provisional text OPINION OF ADVOCATE GENERALBOBEKdelivered on 6 October 2021(1)Joined Cases C‑106/19 and C‑232/19 Italian Republic (C‑106/19)Comune di Milano (C‑232/19)v Council of the European Union European Parliament(Action for annulment – Admissibility – Locus standi – Direct and individual concern – Regulation (EU) 2018/1718 amending Regulation (EC) No 726/2004 as regards the location of the seat of the European Medicines Agency – Prerogatives of the European Parliament – Decision adopted by the representatives of the Member States in the margins of a Council meeting to determine the location of the seat of an agency – Absence of binding effects in the EU legal order – Discretion exercised by the European Parliament in the ordinary legislative procedure – Limits)I. Introduction 1. Law does not like taking chances. This is not to say that lawyers, much like members of any other profession, would not be in need of a bit of luck from time to time. That statement rather implies that what lies in the cradle of modern legal systems is (the promise of) rationality and reason. Even in instances where resorting to drawing lots may in fact produce outcomes that are both impartial and cost-efficient, we still take issue with their inherent irrationality. The reason behind this is that reaching an outcome alone is not enough. Instead, what tends to be expected as the outcome of legal decision-making today is an attributable, and thus accountable and reviewable,...
Errors and omissions excepted. As of: 06.10.2021