Volume 14 (2019) / Issue 6
With the Lisbon Treaty, the European Commission (Commission) gained a prominent role in antidumping, being empowered to adopt antidumping measures with little interference by the European Parliament and the Council of the European Union. This raises questions on rulemaking accountability and efficacy when sensitive issues are at stake. The controversy underlying antidumping rulemaking is emphasized by the recent surge in antidumping litigation before the courts of the European Union. Through an analysis of the historical evolution of comitology in antidumping, this article identifies the weaknesses of the current mechanisms for securing scrutiny over the Commission’s action in this field. It then considers reform options to address and remedy these weaknesses, including strengthening the legislature’s right of scrutiny, granting observer status to parliamentary representatives and shifting from implementing to delegated acts.
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