Judicial Review

Question 1

What is stated in Article 13(2)?

Answer 1

Each institution shall act within the limits of the powers conferred on it in the treaties. Institutions shall practice mutual sincere cooperation.

Question 2

What does judicial review allow?

Answer 2

Judicial review allows EU institutions to become challenged before the COJ and the General Court.

Question 3

Whom can be challenged?

Answer 3

• council of the EU
• the European Commission
• The European Central Bank
• European Parliament
  Where their acts intended to provide legal effects.

(bodies, offices or agencies)

Question 4

What is the meaning of Locus Standi?

Answer 4

Place of standing. An applicant whom in which lacks standing has no right of challenge.

Question 5

What are the three categories applicants will fall into?

Answer 5

• privileged
• semi-privileged
• non- privileged

Question 6

Who are Privileged members?

Answer 6

All have automatic locks standi. Rights to challenge are unlimited and no particular issue in what they are challenging, let alone does it need to have an impact on them.

• member states
• the European Parliament
• the council
• the commission

Question 7

Who are Semi-privileged applicants?

Answer 7

Challenge must be made for the purpose of protecting their prerogatives. Rights are limited.

The court of auditors
The European Central Bank
The Committee of the Regions

Question 8

Who are Non - privileged applicants?

Answer 8

General Court has jurisdiction over here cases. Rights are normally limited.

Any natural or legal person including individuals, businesses and companies.

Question 9

What must a natural person establish?

Answer 9

1. That they have legal interest or binding proceedings
2. One of the following
   - the act is addressed to them
   - the act is addressed to another person but is a direct and individual concern to them.

Regulations are addressed to everyone. Not aimed at specific individuals, acts of general application as oppose to just legislative acts.

• the act is a regulatory act that is of direct concern to them and doesn’t entail implementing measures.

Question 10

What does direct concern mean?

Answer 10

Direct concern refers to a causal link being needed between the act and its ultimate impact on the applicant.

Question 11

What does individual concern mean?

Answer 11

An act will be of individual concern if it affects him in the same way as it has been addressed to him - alone as a member or a closed group?

Question 12

What happened in Plaamann & Co v Commission?

Answer 12

CJEU did not individually concerned by the decision so no locus standi. The applicant must show that the decision directly affects him

Question 13

Issue of time limits and Effects of annulment

Answer 13

• proceedings must be instituted within two months

EOA - action well founded the CJEU will declare the act to be void