Abstract

Abstract This chapter investigates the legal nature of the principle of collegiality through the analysis of the jurisprudence of the Court of Justice of the European Union (CJEU). The first part of the chapter shows how the CJEU has defined the principle’s legal effects and justiciability and has balanced the need to preserve the legal substance of collegiality against the necessity of ensuring efficient and transparent decision-making processes. The second part argues that the principle of collegiality was first developed as a general principle of EU law by the CJEU jurisprudence and only successively enshrined in the Treaties. Yet, it is a sui generis general principle of EU law that can be looked at from two different perspectives: as a principle of administrative law governing the procedure of formal adoption of acts and as an institutional principle governing the way in which the Commission operates and organizes its work.

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