The first form of suspension of EU funds appeared with Article 88 of the ECSC Treaty. After a brief anal-ysis of that 'old-yet-modern' provision and of its application, this article discusses the Regulation (EU, Euratom) No 2020/2092 (the Conditionality Regulation) in the light of its historical ‘precedent’. In par-ticular, the research focuses on the discretion of the Commission (as well as on its justiciability by means of an action for failure to act) and on the limits of the scrutiny of the Court of Justice on the measures which will be adopted and, potentially, contested on the basis of the Conditionality Regulation.
Così antico, così moderno. Una lettura del “regolamento condizionalità” alla luce del potere di sospensione dei fondi comunitari ex art. 88 del Trattato CECA
Alberti J
2022
Abstract
The first form of suspension of EU funds appeared with Article 88 of the ECSC Treaty. After a brief anal-ysis of that 'old-yet-modern' provision and of its application, this article discusses the Regulation (EU, Euratom) No 2020/2092 (the Conditionality Regulation) in the light of its historical ‘precedent’. In par-ticular, the research focuses on the discretion of the Commission (as well as on its justiciability by means of an action for failure to act) and on the limits of the scrutiny of the Court of Justice on the measures which will be adopted and, potentially, contested on the basis of the Conditionality Regulation.File in questo prodotto:
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