Judicial review of EU and national action in networked enforcement mechanisms - The Case of the GDPR

Abstract

This chapter explores the challenges of judicial review in the context of the EU's integrated administration. Using the General Data Protection Regulation (GDPR) as a central case study, it shows how enforcement is organised through horizontal, vertical, and diagonal composite procedures that involve both national and EU authorities. While this system aims to enhance the effectiveness of enforcement, it significantly limits avenues for judicial review. Shared enforcement tasks create gaps: preparatory acts by foreign supervisory authorities or EU bodies may be subject only to marginal review, or escape review altogether. Furthermore, the risk of multiple final decisions regarding the same set of facts being reviewed by different courts raises further concerns of fragmentation and contradiction. Ultimately, the chapter argues that the GDPR's enforcement design prioritises efficiency over effective judicial protection.