Reviewing the experts: a principled approach to the scrutiny of expert-based decision making in the CJEU

Arguments grounded on separation of powers and contextual expertise suggest that courts should refrain from undertaking searching inquiries into complex factual backgrounds. Measures that are the result of expert-intensive decision making have therefore traditionally been subject to a light-touch judicial review by the European Courts.

Interestingly, things may be changing, as the CJEU has been developing a more proactive approach to the review of expert-based measures, especially in the field of risk regulation.

The paper will undertake a cross-sectoral judicial analysis to try and understand how the CJEU frames and applies principles, such as participation, transparency and rational administrative decision making, when reviewing expert-based measures. In so doing, it will explore the hypothesis according to which judicial interpretation of such principles can act as a trigger for more legitimate and democratically sound involvement of experts in EU regulatory decision making.