Source: European Central Bank (video statements)
One basic element of an ascending paradigm of governance is mistrust of non-majoritarian institutions such as courts, agencies, and central banks. This mistrust materialises through challenges to the independence of such institutions or the curtailing of their discretion.
This panel will compare developments in the EU and US in this area focusing both on legislative measures and the case-law of the CJEU and US Supreme Court. For example, the reversal of the Chevron doctrine by the Supreme Court in Loper Bright Enterprises v. Raimondo will be compared with the approach of the CJEU in cases such as Credit lyonnais. At a more conceptual level, the panel will discuss how non-majoritarian institutions are a constitutional component of Western democracies.
Panellists:
• Nicholas Emiliou, Advocate General, Court of Justice of the European Union
• Pedro Machado, Member of the Supervisory Board of the ECB
• Mariolina Eliantonio, Professor, Maastricht University
Chair: Frank Elderson, Member of the Executive Board of the ECB and Vice-Chair of the Supervisory Board of the ECB
Watch other sessions from the 2025 ECB Legal Conference “Building Europe’s Autonomy: Law, Institutions, Cooperation”: https://www.youtube.com/playlist?list=PLnVAEZuF9FZm3BYRQdFyj1vvCrJfZ-mrM
See the conference programme here: https://www.ecb.europa.eu/press/conferences/html/20250901_7th_ECB_legal_conference.de.html