EU LAW FLASHCARDS

Question 1

Who can bring an action

Answer 1

1. privileged persons - challenge any binding act under article 263 (member state, commission andcouncil)
2. semi- privileged persons - if it effects them to do their job(EU banks, committee of the regions)
3. non-privileged persons if it is of direct and individual concern to them(natural persons)

Question 2

What can be reviewed

Answer 2

under Article 263,
1. legislative acts (regulations, directives and decisions)
2. regulatory acts (recommendations, opinions)
3. acts (all acts, including regulatory and legislative if they include implementing)

Question 3

what can a non-privileged natural person review?

Answer 3

(a) An act addressed to that person, or which is of direct and individual concern to them.
(b) A regulatory act which is of direct concern to them and does not entail implementing measures.

Question 4

what does direct concern and individual concern mean

Answer 4

1. direct concern means it directly affects the legal situation
2. individual concern was established in Plaumann test - if it affects them because of peculiar aspects specific to them.

Question 5

what stating relevant rule of law

Answer 5

1. state relevant article (263)
2. state the relevant conditions
3. meanings of conditions

Question 6

what is the relevant structure for application. of rule of law

Answer 6

1. identify party
2. identify type of legal act
3. apply the conditions
4. explain