The fourth panel will the role of the Court of Justice of the European Union vis-à-vis the new modes of governance and, in particular, the tensions arising from, on the one hand, the necessity for judicial control as a milestone of the rule of law, and, on the other hand, the flexible nature of the new modes of governance which would traditionally escape judicial review. Does the more effective delivery of EU policies justify a lower adherence to the rule of law? How do the courts control the EU action when the new modes of governance are employed? The five proposed papers will examine specifically five manifestations of new governance (i.e. agencies, co-regulation, soft law and regulatory impact assessment) and will consider, respectively, how and to what extent the Court of Justice scrutinizes agencies opinions and soft law measures, the extent to which the phenomenon of co-regulation escapes judicial control, and the role regulatory impact assessments should play in judicial review proceedings. All five papers will reveal the difficulties in reconciling traditional judicial accountability models with the reality of these new forms of governance. Another connected question that will be tackled is the extent to which the use (rather than the control) by the Court of Justice of the new forms of governance goes to the expense of transparency and the rule of law.