Reveals the challenges of institutional balance posed by the European Council, suggesting significant implications for judicial oversight.
European Council – Political and informal role – European Council as formally bound by the principle of institutional balance yet challenging it – Prohibition for the European Council to exercise legislative functions – Multiannual Financial Framework – Creation of Next Generation EU – Suspension of the enforcement of the Rule of Law Conditionality Regulation – Political directions becoming de facto binding – Formal lack of legally binding effects leading to absence of scrutiny by the Court of Justice – Inconsistency between Treaty law and institutional practice
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Francesco Mauri (2026) studied this question.
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