P5; CH2: Judicial review over Union Instruments Flashcards
What does the system of remedies aim to?
It aims to ensure conformity with primary law of acts intended to produce legal effects.
Interim measures
Since applications for annulment have no suspensory effect, the Union may order INTERIM MEASURES if it deems it necessary.
WHEN? when the Court recognizes that the effet utile of the ruling risks to be influenced; burden of proof is upon the applicant (urgency and grounded prima facie)
What are the Action of invalidity requirements of admissibility?
1) Time limits: two months from publication/notification of the applicant
2) Must be a substantially-operative act (not depends on the nomen iuris)
3) LOCUS STANDI differences
Can you challenge a no-longer-in-force act?
Only if the action started within the time limit & there’s still an interest in challenging of the applicant.
Can an act made of multiple stages be challenged?
Yes, but only at its final stage.
(Exception: preparatory binding acts)
Limits of review to action of invalidity
a) Primary law (never)
b) International Agreements (only ratification act)
c) Act made by MS with the Council
d) CFSP matters, generally
Who are the privileged applicants for direct remedies?
Member States
Parliament
Council
European Council
Commission
No obligations to prove a specific interest in bringing proceedings
Who are the quasi-privileged applicants for direct remedies?
ECB
Court of Auditors
Committee of the Regions
No obligations to prove a specific interest in bringing proceedings ONLY IF THEY ARE PROTECTING THEIR OWN PREROGATIVES
Who are the non-privileged applicants for direct remedies?
Natural/Legal persons
Fractions of MS
Third States
Obligation to prove a specific interest in bringing proceedings + demonstrate specific link with the contested measure
In what cases Individuals may bring proceedings directly before the ECJ and GC?
a) FIRST LIMB
An act addressed to them
[often made by the Commission; easy since they are notified]
b) SECOND LIMB
An act that is, to them, of:
DIRECT CONCERN: the measure has the immediate effect of depriving the applicant of a right or imposing an obligation to them
INDIVIDUAL CONCERN: the measure affects the applicant for certain discriminant personal qualities and the Commission is aware of it (e.g. the applicant is names)
c) THIRD LIMB
A regulatory act which is of direct concern to them and does not require implementing measures (No individual concern needed)
Grounds for annulment of a legally binding act (numerus clausus: 4)
1) LACK OF COMPETENCE
* may be raised ex officio by a judge
* may be:
- Incompetence of the Union
- Lack of authority of the institution or body
2) INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT
* failure to comply with the fundamental requirements of an act and the formalities that must precede or accompany its adoption, ending up in a different outcome of violations of parties’ rights or content of the act.
(e.g. violation of the duty to state reasons/legal basis)
3) INFRINGEMENT OF THE TREATIES OR OF ANY RULE OF LAW RELATING TO THEIR APPLICANT
* failure to comply with the Treaties, Charter, Int. Agreements and General Principles
* PROPORTIONALITY
* NON-RETROACTIVITY
4) MISUSE OF POWERS
* when the act is used for a diverse ending than the one states
* when the act circumvents a procedure prescribed by primary law
+ NON EXISTANCE OF THE ACT
Judgement of annulment
It declares the act, eve partially, to be void ex tunc (retroactively) (sometimes ex nunc)
Consequences: Institution that adopted the annulled act must:
a) replace the act
b) remove invalid elements
c) repeal any implementing measures
d) the applicant’s situation must be restored
RED JUDICATA: Final judgement
Action of inapplicability
Anyone can invoke also the inapplicability of any act of GENERAL application.
