The Triangular Relationship between the Commission, NRAs and National Courts Revisited

P. LAROUCHE & M. de VISSER

reviewing NRA decisions for general compliance with the law. While the
intensity of review should be higher than that exercised by the Commission
under Article 7, it should not lead to a judicial practice where NRA decisions
are annulled simply because the courts would have preferred another
outcome. Thirdly, as regards accountability of Commission instruments and
comments and ERG documents, an economic analysis of the decision-chain
model should be employed to determine which part of the decision-making
chain should be susceptible to more in-depth judicial review. For those other
parts, accountability can be ensured through more marginal review or
through opening the procedure for the adoption of the measures concerned
and making them more transparent.

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