Il sindacato di validità degli orientamenti dell'autorità bancaria europea

The present insight aims to shed light on the vexed issue of judicial review of soft law by the CJEU. This issue re-emerged in case C-911/19 P Fédération bancarie française. First, the paper challenges the test used by the CJEU to determine the role of the perception of the potentially affected individuals, which might be a powerful element to be considered for this purpose. Second, the insight purports to determine whether the judicial doctrines which curtailed the discretion of national judges to refer cases to the CJEU for preliminary ruling also apply to soft law.