The European Food Safety Authority before European Courts - Some reflections on the judicial review of EFSA scientific opinions and administrative acts

A. ALEMANNO, S. Mahieu

European Food and Feed Law Review

2008, n°5

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : EU law, EC agencies, European Food Safety Authority, Judicial Review, European Court

This article, by tackling one of the most controversial issues surrounding the functioning of the European Food Safety Authority (EFSA), explores whether its scientific opinions and other administrative acts may be challenged before the European courts. The issue as to whether Community courts may review the legality of the acts emanating from EFSA remains today, not having being defined by the general regulation establishing the agency nor by case law, an open question. Therefore, after illustrating and analysing the existent case law, this article will engage in developments whose character will be mostly speculative. In so doing, it distinguishes between EFSA scientific opinions and EFSA administrative decisions, such as those concerning its public procurement activity or human resources management.