The EU and the Administration's Unattainable Subordination to the Law

The EU and the Administration's Unattainable Subordination to the Law Speaker: Joana Mendes (University of Luxembourg) Chair: Professor Niamh Moloney Date: November 28th, 2024 Resolution Article 18 SRM Regulation - 1. The Board shall adopt a resolution scheme (...) only when (...) : • (a) the entity is failing or is likely to fail; • (b) (...) there is no reasonable prospect that any alternative private sector measures, (...) would prevent its failure within a reasonable timeframe; • (c) a resolution action is necessary in the public interest pursuant to paragraph 5. - 4. [conditions for "failing or to be likely to fail"] - 5. [public interest: resolution is "necessary for the achievement of, and is proportionate to one or more of the resolution objectives" (...)] - 6. If the conditions laid down in paragraph 1 are met, the Board shall adopt a resolution scheme. Resolution - SRB's "wide margin of discretion... is, by virtue of Article 18(1) and (4) to (6) of the SRM Regulation, circumscribed by objective criteria and conditions delimiting the SRB's scope of action" • - Commission v Fundación Tatiana Pérez [CJEU, 2024], para 77 Article 18(1)(c) and (5) SRM Regulation • "a resolution action shall be treated as in the public interest if it is necessary for the achievement of, and is proportionate to one or more of the resolution objectives referred to in Article 14 and winding up of the entity under normal insolvency proceedings would not meet those resolution objectives to the same extent" Pesticides Article 4(1) and (3) PPP Regulation - [*note: thresholds and indicators; but also value-based criteria similar to those found in Article 4] • "An active substance shall be approved ... if it may be expected, in the light of current scientific and technological knowledge, that, taking into account the approval criteria set out in [Annex II]*, plant protection products containing that active substance (...) [under] realistic conditions of use: (a) [are] sufficiently effective, (b) (...) have no immediate or delayed harmful effects on human health (...), or animal health (...), (c) [do] not have any unacceptable effects on plants or plant products; (d) [do] not cause unnecessary suffering and pain to vertebrates; [and] (e) have no unacceptable effect on the environment (...)". Pesticides - Blaise [CJEU, 2019], para 95 • "[if] the competent authorities come to the conclusion that, having regard to all the information at their disposal, an applicant has not established to the required standard that the conditions governing the approval or authorization applied for are satisfied, they are bound to decide that the application should be rejected"