Actions against political institutions Flashcards
in what circumstances may a political institution breach EU law
during the process of adopting draft law one or more of the political institutions has done something that breaches EU law
there are 2 categories of breach what are they
article 265
article 263
who can bring an article 265 action
the member states and other institutions of the union and potentially any natural or legal person and the European Central Bank
who may an article 265 action be brought against
the European Parliament
the council
the commission
(the law makers)
who is responsible for resolving an article 265 action
the court of justice
is there a time limit on an article 265 action
two months from being called upon to define its position if it fails to do this they have an additional 2 months before the matter is brought before the court of justice
what acts can a natural or legal person bring
acts that should be addressed to the particular person that raises the challenge for them to raise the action they need to prove that the act has failed to be followed
who are privileged applicants
member states - institutions - parliament v council
what is laid down by article 263
the judicial review process
what are the grounds of annulment in an article 263 action
on grounds of lack of competence
infringement of an essential procedural requirement, infringement of the treaties or any rule of law relating to their application or misuse of powers
