Presentation of Case C-137/21 Parliament v Commission, delivered on 5 September 2023

Description

C-137/21 Parliament v Commission is a Grand Chamber case, and it is an interesting one to discuss for its interinstitutional dimension.

The European Parliament started proceeding for failure to act, criticising the Commission for not having reintroduced visa requirements for US nationals on the basis of the principle of reciprocity (which is a principle that should inform EU visa policies). The Court dismissed the action and confirmed that the Commission enjoys wide discretion and was not required to automatically suspend the exemption from the visa requirement for US nationals due to a lack of reciprocity in this matter from the US towards nationals of some EU countries (Bulgaria, Croatia, Cyprus).

For teaching purposes, this case might be an interesting one to discuss whether and how the Court could review the principle of institutional balance in cases where the Commission may adopt delegated acts based on art 290 TFEU.

Period	13 Sept 2023
Held at	Global Law & Governance