The Failure to Exercise Delegated Powers and Its Requirements: Visa Reciprocity II

This contribution analyses the judgment of the Court of Justice (Grand Chamber) of 5 September 2023 on case C-137/21, European Parliament v. European Commission. It gives account of the factual and legal background, as well as the opinion of the Advocate General and the outcome of the case. The comment mainly focuses on the institutional considerations concerning the delegation of powers, including the relationship between the delegator and the delegate and the discretion of the Commission and its control. It concludes reflecting on the procedural aspects of the case and the novelties that this case introduces on the admissibility requirements for the action for failure to act.