11-12. Direct Actions Flashcards
How is judicial power in the European Union shared between the Court of Justice of the European Union (CJEU) and the Member State courts?
The CJEU and Member State courts and tribunals share EU judicial power as outlined in Article 19(1) TEU. This creates two judicial levels within the EU legal system.
What is the primary role of the CJEU in ensuring the uniform application and validity of EU law?
The CJEU ensures the prevalent interpretation of EU law and holds a monopoly of control over the validity of EU acts. Exceptions to this monopoly are interim measures suspending a national implementing act and a declaration of validity of an EU act.
What is the responsibility of Member State courts regarding the effective legal protection of individuals under EU law?
Member States must provide sufficient remedies for effective legal protection in fields covered by EU law, even against national provisions or rulings, by applying the principles of primacy and direct application. National courts acting as Juges de droit commun must be independent as a matter of the rule of law.
How do the CJEU and national courts interact in the application and interpretation of EU law?
The CJEU cannot interpret or examine national law. Instead, it cooperates with national courts through preliminary referrals (Article 267 TFEU). Additionally, the CJEU can declare a failure by a Member State to fulfil obligations under EU law (Articles 258-260 TFEU).
What are the main categories of actions that can be brought before the CJEU?
There are direct actions brought directly before the CJEU (with a monopoly in validity), indirect actions which are interlocutory proceedings before the CJEU or national courts, and other special actions.
What are the specific types of direct actions that can be brought against EU actions before the CJEU?
These include actions for annulment, actions for failure to act, actions for non-contractual liability, cassation appeals, and re-examinations.
What is the main type of direct action that can be brought against a Member State before the CJEU?
The main type of direct action against a Member State is an action for failure to fulfil obligations.
What is the fundamental purpose of an action for annulment under Article 263 TFEU?
The purpose is to allow the CJEU to control the legality and annul any acts adopted by EU institutions, bodies, offices, or agencies. This includes acts of individual or general application, whether legislative or not, intended to produce legal effects vis-à-vis third parties.
What are the general requirements for an act to be subject to an action for annulment?
The act must be legally binding and intended to produce legal effects on third parties by causing a distinct change in their legal position. Generally, provisional or intermediate measures are not challengeable unless they have independent legal effects that cannot be remedied in an action against the final decision. The act must also be existing.
Who are considered ‘privileged applicants’ in an action for annulment under Article 263(2) TFEU, and what is their advantage regarding standing?
Member States, the European Parliament, the Council, and the European Commission are privileged applicants. They do not need to prove direct and individual concern to bring an action for annulment.
Who are ‘non-privileged applicants’ under Article 263(4) TFEU, and what must they demonstrate to have standing in an action for annulment?
‘Non-privileged applicants’ include any natural or legal person. They must demonstrate a legal interest, meaning they derive an advantage peculiar to themselves if the act is annulled, and this interest must be actual and current.
What is the meaning of ‘direct concern’ in the context of standing for non-privileged applicants in an action for annulment?
‘Direct concern’ means there is a direct causal relationship between the EU act and its effect on the applicant, requiring no need for implementation measures or no discretion in the implementation of the act.
How has the CJEU interpreted the requirement of ‘individual concern’ for non-privileged applicants in an action for annulment?
The CJEU interprets ‘individual concern’ very restrictively, requiring a high degree of individualisation. The applicant must be affected by reason of certain attributes peculiar to them or by reason of circumstances which differentiate them from all other individuals.
What are ‘regulatory acts’ for the purpose of the third limb of standing under Article 263(4) TFEU?
‘Regulatory acts’ are non-legislative acts of general application, such as implementing and delegated acts under Articles 290 and 291 TFEU.
What are the main grounds on which an act can be annulled by the CJEU in an action for annulment?
The main grounds are: Lack of competence, infringement of an essential procedural requirement, infringement of the Treaty or any rule of law relating to its application, and misuse of powers.
What is the time limit for bringing an action for annulment under Article 263(6) TFEU?
The time limit is two months from the date of publication of the act, its notification to the applicant, or from the day on which the applicant became aware of it.
What are the effects of a CJEU ruling annulling an EU act?
Annulment generally has general effect and retroactivity, although the CJEU may limit these effects. The nullity may be partial if the provisions are not indivisibly linked.
What is the purpose of an action for failure to act under Article 265 TFEU?
It is a supplement to the action for annulment to control the legality of the inaction of EU institutions when they fail to adopt a legally binding act.
What are the requirements for a failure to act to be subject to challenge under Article 265 TFEU?
There must be a breach of the Treaties, meaning there must be a duty to act under primary or secondary law. For non-privileged applicants, the act to be adopted needs to be legally binding.
Who has standing to bring an action for failure to act?
Privileged applicants do not need to prove any interest. Non-privileged applicants must prove an interest by being directly and individually concerned by the binding act that the EU institution has failed to adopt.
What is the procedure for bringing an action for failure to act?
The EU institution must first be called upon to act within a reasonable timeframe. The action can be brought within two months after the expiry of a further two-month period from being called upon to act if the institution has not defined its position.
What are the effects of a CJEU ruling that an EU institution has failed to act?
The EU institution must adopt the necessary measures to address the failure to act within a reasonable deadline. Non-contractual liability can be claimed in the same action.
What is the purpose of a cassation appeal to the CJEU?
It provides for a double instance review where the CJEU reviews the General Court’s rulings but is limited to points of law.
Which decisions of the General Court are subject to a cassation appeal?
Generally, final decisions, decisions disposing of substantive issues in part, and decisions disposing of a procedural issue concerning a plea of lack of competence or inadmissibility are subject to appeal.
What are the permissible grounds for a cassation appeal?
The grounds are limited to points of law, including lack of jurisdiction of the General Court, breach of procedure before the General Court, and infringement of EU law by the General Court.
What is the time limit for bringing a cassation appeal?
The time limit is two months from the notification of the General Court’s decision.
What are the potential outcomes of a cassation appeal?
Upholding the appeal entails the General Court’s decision is confirmed, while dismissal entails total or partial annulment of the General Court’s decision.
What is the purpose of an action for failure to fulfil obligations?
It allows the CJEU to control Member States’ actions that may result in an infringement of EU law. It aims to bring Member State conduct in line with EU law and provide legal certainty.
What types of Member State actions or inactions can be challenged in an action for failure to fulfil obligations?
Any unlawful action or failure to act by a Member State can be challenged, including general provisions, administrative acts, contracts, and actions by state, regional, or local bodies.
Who has standing to bring an action for failure to fulfil obligations?
Only the European Commission and Member States have standing. The Commission has a broad margin of appreciation.
What are the two main phases of an action for failure to fulfil obligations?
The two main phases are the administrative phase and the judicial phase.
Briefly describe the administrative phase of an action for failure to fulfil obligations.
The Commission sends a letter of formal notice outlining the alleged infringement and giving the Member State a chance to respond.
Briefly describe the judicial phase of an action for failure to fulfil obligations.
If the Member State fails to comply with the reasoned opinion within the deadline, the Commission may bring the matter before the CJEU.
What are the potential outcomes if the CJEU finds that a Member State has failed to fulfil its obligations?
The CJEU issues a definitive declaratory judgment stating whether the Member State has breached EU law. The Member State is required to take necessary measures to comply with the judgment.
