European policies are increasingly implemented through the joint production, gathering, management and exchange of information. These information exchange mechanisms may pose problems in the context of judicial protection because it may be difficult to identify the actor responsible for a piece of information which was the basis for a final measure, and the act of information sharing may not be challengeable before a court. The purpose of this article is to examine the gaps in judicial protection – if any – arising from the widespread use of information sharing activities in European administrative law. After an overview of the information exchange and management activities in European administrative law, the gaps in judicial protection are identified and discussed in the context of two case studies. The central argument is that although the system of administrative decision-making is becoming increasingly integrated, the disintegrated system of judicial protection poses a serious threat to the principle of effective judicial protection in information sharing activities that are aimed at implementing EU policies. The article ends with recommendations on how these judicial protection gaps could be filled.
|Maastricht Journal of European and Comparative Law
|Published - 2016