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Publishers Abstract:
In its judgment of Jan 18, 2005, the European Court of Justice dismissed the Commission's application seeking the annulment of two regulations which reserve to the Council the implementing powers with regard to certain provisions on visas and border checks, adopted in the context of Title IV of the EC Treaty. In this case, the Court was called upon for the first time to review, through the interpretation of Article 202 EC, the limits of the prerogative of the Council to retain for itself the exercise of implementing powers. Examining the first plea put forward by the Commission, the Court preliminarily recalled that, as stated in its ruling in Case 16/88, Commission v. Council, the Council may reserve the right to exercise implementing powers directly only in specific cases, and it must state in detail the grounds for such a decision. The Court's approach probably needs to be understood in connection with the question of the intensity of review. In these circumstances, according to a well-established case law, the Court may exercise only a limited power of review.
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