The FBF judgement (C-911/19) and the ‘non-delegation’ doctrine in the EU: ‘what is dead may never die?’

At the first glance, the recent FBF judgment (C-911/19) of the European Court of Justice of 15 July 2021 looks like a cabinet of oddities. Yet, one cannot miss the bigger picture: the possible collapse of the non-delegation doctrine first established in Meroni and Romano. What are the key holdings of the AG Bobek’s opinion and of the Court? What are the implications of this court ruling for the judicial review of soft law and for the delegation of regulatory and enforcement powers to EU agencies?

This Friday (27 August 2021, 15.00-16.00 CET) JMN EULEN (RENFORCE) invites you to discuss these and other relevant pertinent questions in its virtual room. Nathan de Arriba-Sellier will introduce the AG’s opinion, the Court rulling’s main points and his opinion on the implications of this judgement for the non-delegation doctrine. Matteo Gargantini and Miroslava Scholten will be the discussants. The event will be chaired by Linda Senden.

About the speakers:

Nathan de Arriba-Sellier, LL.M. (College of Europe) is a PhD Candidate in EU financial regulation at Leiden University’s Europa Institute & Erasmus School of Law, and a former law clerk of France’s Conseil d’Etat. His work was published in the Common Market Law Review and in the European Business Law Review. On September 1, he will start a new position at Yale University as postdoctoral associate and research director of the Yale Initiative on Sustainable Finance. His presentation will be in part based on his recent blog post on the FBF case.

Matteo Gargantini is Assistant Professor of European Economic Law at Utrecht University and is a member of the Consultative Working Group (CWG) of ESMA Corporate Finance Standing Committee (CFSC) and of the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE). He has published, among others, the “Unleashing the European Securities and Markets Authority: Governance and Accountability After the ECJ Decision on the Short Selling Regulation (Case C-270/12)”.

Miroslava Scholten is Associate Professor of EU Law Enforcement at Utrecht University, a member the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE) and the co-coordinator of the Jean Monnet Network of EU law enforcement (EULEN). She has published, among others, “The ESMA-short selling case: Erecting a new delegation doctrine in the EU upon the Meroni-Romano remnants”.

Linda Senden is Professor of EU law at Utrecht University and is a member the Utrecht Centre for Regulation and Enforcement in Europe (RENFORCE). She has been involved in various capacities in a number of prestigious national and EU public committees and organisations and has published widely on EU (soft) law related issues, including “Soft Law in European Community Law”.