An Administrative Crack in the EU’s Rule of Law: Composite Decision-making and Nonjusticiable National Law

Abstract

Composite administrative procedures – Exclusive jurisdiction of Union courts to review non-binding national preparatory acts – No jurisdiction of Union courts to enforce national law – Autonomy and uniformity of EU law – No judicial control possible of violation of domestic law by national authorities – National rule of law gap – Judicial review, effective judicial protection, and principle of administrative legality