Is preliminary reference procedure an adequate channel for the assessment of validity of EU soft law acts?

EU soft law typically serves as an interpretative tool helping with enforcement of EU hard law, especially when hard law provisions are indeterminate or open-textured. The power of soft law making brings with it the risk that an EU institution issues a soft law act going beyond the binding provisions that it is intended to interpret. In such a scenario, the soft law act does not ensure the enforcement of EU hard law, but rather sets new rules, which may be considered as circumventing the legislative process. This is just one of the reasons, why it seems vital to make EU soft law acts subject to judicial review by the CJEU.

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