Where Human Rights Meet Administrative Law: Essential Elements and Limits to Delegation: European Court of Justice, Grand Chamber C-355/10: European Parliament v. Council of the European Union

Case C-355/10 deals with institutional questions and with the delicate issue of intercepting migrants at sea, and thus with fundamental rights. The European Parliament had sought the annulment of a decision of the Council, adopted under the regulatory procedure with scrutiny (PRAC), on the grounds that it exceeded the scope of the implementing power in Article 12(5) of the Schengen Borders Code. The decision laid down rules and guidelines for Frontex maritime operations.

The Court annulled the contested decision because it considered that the provisions on interception measures and search and rescue involved important political choices, and that these provisions contain elements that call for the use of legislation instead of an implementing act. However, the Court maintained the effects of the decision until it is replaced by new rules within a reasonable time. In response to the judgment, the Commission presented a fresh proposal for a regulation on 12 April 2013.