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Anjum Shabbir
Anjum Shabbir
30th June 2021
Institutional law Justice & Litigation

Op-Ed: “‘Ceci n’est pas une acte du Conseil’. Extra-mural acts of the Council: tearing holes in the ‘complete system of legal remedies?” by Michael De Boeck

On 16 June 2021, the Court of Justice stoically dismissed both appeals of Advocate General (AG) Sharpston against her removal from office. This is a remarkable failure for the Court of Justice of the European Union (CJEU) on two fronts. First, it is a surprising failure on the part of the CJEU to shield the EU judicial system, and itself as the central judicial institution of that system, from undue influence by Member States. One that sits at odds with its cardinal task to ‘ensure that in the interpretation and application of the Treaties the law is observed.’ Secondly, its meek acceptance of the ‘declaration’ at face value exhibits a disquieting lack of critical reflection on the nature of the declaration and its effect in the EU legal


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