Giulia GentileGreat to see the 2022 MPI Yearbook of European Procedural Law published! I contributed with a paper on the interplay between #bindingness and #validity in the #judicialreview of #EUlaw, focusing on the FBF case. I argue that a stark bifurcation of the question of validity from that of bindingness in #EUlaw has implications concerning the effects of EU law, as well as its application. The production of legal effects by an EU act (bindingness) is part of the broader assessment of validity.
Therefore, it is conceptually and legally flawed to separate enquiries on the bindingness and the validity of an EU measure in the context of judicial review. Additionally, the distinction between validity and bindingness may complicate the way in which EU law’s effects may be understood at the national level and, in particular, how national authorities apply EU law. You can find the contributions to the Yearbook here: https://lnkd.in/ei9STkX8