CEU Electronic Theses and Dissertations, 2011
| Author | Dubova, Alexandra |
|---|---|
| Title | INDIVIDUALS AT THE GATE OF THE EUROPEAN COURT OF JUSTICE Accessibility of judicial review for private applicants in the European Union and its compatibility with standards of access to justice |
| Summary | The objective of this thesis is to analyze the main routes for individuals to enforce their rights against legal measures of the EU institutions and to assess their compatibility with fair trial standards of access to justice. The focus is given to the access of individuals to the judicial review of administrative and legislative acts adopted by the EU institutions. The two main procedures available to individuals to challenge validity of the EU legal measures are the annulment action and the preliminary ruling procedure. Therefore, the standing requirements for individual applicants within the annulment procedure and the shortcomings of the preliminary ruling procedure as an alternative remedy in challenges against validity of the EU legal measures are analyzed closer. The present thesis addresses the gap in the judicial protection of individuals seeking to challenge the validity of EU legal measures and its possible incompatibility with the national and international standards of access to justice. Since standing requirements in the annulment procedure have been modified by the Lisbon Treaty, the present thesis also contributes to the ongoing discussions about the impact of the Lisbon Treaty on the rules of individual standing. The analysis revealed that that partial relaxation of standing requirements made by the Lisbon Treaty affects only a limited number of litigants seeking to challenge regulatory acts not addressed to them, therefore the level of judicial protection against the measures of the EU institutions depends largely on the form of legal act in question. The problematic wording of the new Article 263 (4) TFEU and unclear developments surrounding the transitional period might not only lead to legal uncertainty but also new inconsistencies within this area. The hurdles from before the adoption of Lisbon Treaty remained basically unchanged for individuals seeking to challenge acts of general application. |
| Supervisor | Granger, Marie-Pierre F. |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/dubova_alexandra.pdf |
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