EUROPEAN UNION LAW - PROBLEM 1
1. Is it possible for private parties to have (direct) access to the
European Court of Justice?
a. Which grounds and b. which procedures?
The Court of Justice of the European Union
- Treaty infringement proceedings; Art. 258 TFEU
- Judicial Review; Art. 263 TFEU
- Preliminary proceedings; Art. 267 TFEU
Annulment power:
Judicial review: the most powerful function, the power to ‘un-make’ law: to annual an
act that was adopted by the legislative or executive branches.
The competence and procedure is set out in Article 263 TFEU:
If action is well founded, then Court will declare the acts void: art. 264 (1) TFEU
Requirements/Grounds for judicial review:
A. Paragraph 1 determines whether the Court has the power to review Union acts:
The existence for a reviewable act. Two dimensions:
Whose acts may be challenged?
The Court is entitled to review ‘legislative acts’ (those which are
made by European Parliament and the Council)
Court can also review the unilateral acts of all Union institutions and
bodies including agencies. Except: the Court of Auditors
Not reviewable are acts by Member States
o Unilateral national acts
o International agreements of the Member States
Thus, European Treaties cannot be reviewed by the Court.
Which acts might be reviewed?
Article contains a negative definition, because it tells us what can’t
be reviewed. No judicial review for
‘Recommendations’ or ‘opinions’
Reason for this is: they are not binding (no binding force),
thus no need to challenge their legality.
Acts of the European Parliament, European Council and other
Union bodies, which didn’t intend to produce legal effect vis-
à-vis third parties.
Reason for this: it excludes acts that are internal to the
institution and have no external effect.
Literature: Chapter 10
Cases: Plaumann, Foto Frost, Microban, Inuit I, (Inuit II)
Articles: S. Peers & M. Costa Judicial review of EU Acts after the Treaty
1. Is it possible for private parties to have (direct) access to the
European Court of Justice?
a. Which grounds and b. which procedures?
The Court of Justice of the European Union
- Treaty infringement proceedings; Art. 258 TFEU
- Judicial Review; Art. 263 TFEU
- Preliminary proceedings; Art. 267 TFEU
Annulment power:
Judicial review: the most powerful function, the power to ‘un-make’ law: to annual an
act that was adopted by the legislative or executive branches.
The competence and procedure is set out in Article 263 TFEU:
If action is well founded, then Court will declare the acts void: art. 264 (1) TFEU
Requirements/Grounds for judicial review:
A. Paragraph 1 determines whether the Court has the power to review Union acts:
The existence for a reviewable act. Two dimensions:
Whose acts may be challenged?
The Court is entitled to review ‘legislative acts’ (those which are
made by European Parliament and the Council)
Court can also review the unilateral acts of all Union institutions and
bodies including agencies. Except: the Court of Auditors
Not reviewable are acts by Member States
o Unilateral national acts
o International agreements of the Member States
Thus, European Treaties cannot be reviewed by the Court.
Which acts might be reviewed?
Article contains a negative definition, because it tells us what can’t
be reviewed. No judicial review for
‘Recommendations’ or ‘opinions’
Reason for this is: they are not binding (no binding force),
thus no need to challenge their legality.
Acts of the European Parliament, European Council and other
Union bodies, which didn’t intend to produce legal effect vis-
à-vis third parties.
Reason for this: it excludes acts that are internal to the
institution and have no external effect.
Literature: Chapter 10
Cases: Plaumann, Foto Frost, Microban, Inuit I, (Inuit II)
Articles: S. Peers & M. Costa Judicial review of EU Acts after the Treaty
