The European Medicines Agency (Ema) will remain permanently in Amsterdam, but the way in which the 27 EU Member States have chosen the Dutch capital as their location cannot be repeated. From now on, these must be formal decisions by the legislator (Council and Parliament) and not a political gathering of member states.
That is what the European court says in a judgment provoked by the Italian government and the city council of Milan. They could never bear that Milan had to lose out to Amsterdam at the very last minute in November 2017, and then also by drawing lots because the votes were tied.
That vote and a political discussion, both in the margins of a council meeting, were preceded by a lengthy procedure in which Member States could apply as host countries and the Commission looked at the extent to which candidates met the establishment criteria. This led to a fierce battle in which member states hit each other with extensive ‘bid books’ and competed against each other on flight distances, metro connections to the airport, the opportunities on the labor market for partners who move with them, educational facilities for the children and the presence of cultural offerings and good restaurants.
Like the European Banking Authority, the European Medicines Agency was in London, but had to leave due to Brexit. There were eight candidates for the Banking Authority, nineteen for the Medicines Agency. Paris won the battle for the Banking Authority.
Chic way
In the judgment, the court (in the Grand Chamber) explains that it cannot grant an application for annulment, as submitted by Rome and Milan, because there is only a ‘political agreement without binding legal effect’ from member states and no formal decision by the Union legislator. “It is therefore not legally contestable,” said Court spokesman Stefaan Van der Jeught. “The European Parliament could have stopped the decision, but in fact legalized it.”
Van der Jeught calls the Court’s judgment ‘very relevant for the future’. Council and Parliament must deal with new location choices in a more chic way. The European battle for agencies is getting tougher because only a few more are added and member states no longer have ‘packages’, as they used to do, to satisfy each other.
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