AGI – The Advocate General of the Court of Justice of the European Union, Michal Bobek, proposes to declare that “the Court has no jurisdiction to rule on the decisions of the representatives of the Member States establishing the new headquarters of theEuropean Medicines Agency andEuropean Labor Authority“.
This was stated in relation to the appeal of the the municipality of Milan he was born in Italian government against the decision to transfer the headquarters of the EMA from London and Amsterdam, instead of in Milan.
In his opinion, which normally guides the decisions of the Court, the Advocate General recalls that “the acts adopted by the representatives of the Member States who act not as members of the Council, but as representatives of their governments, and who exercise thus collectively the powers of the member states are not subject to the review of legitimacy exercised by the judges of the Union “.
It’s not all. Bobek suggests to the court to declare that “the contested regulation is not unlawful, e to reject the arguments with which the Municipality of Milan and the Italian government complain of violations of the prerogatives of the European Parliament, as well as the ‘derivative’ illegality of the contested regulation with respect to the decision of the representatives of the Member States “.