Op-Ed: “Judicial review of the legislature’s powers, the appeal judgment in Álvarez de Bejarano” by Julian Currall
This contribution concerns judicial review of EU legislation, but focuses on the EU Staff Regulations (SR). The EU Courts sometimes use staff cases to test possible developments in the general law, which gives them potential wider importance. That is particularly true of the Charter, some of the provisions of which were first interpreted in staff cases.
The Courts are reluctant to accept pleas alleging the invalidity of provisions of the SR (fn 1), as has been shown time and again, particularly since 2004. The case Álvarez de Bejarano (C-517 and 518/19 P) is an example. The rare contrary examples are outliers, as will be further explained below.
Two of these contrary examples occurred in the 1970s and 1980s. In Bauduin (Cas