Private Parties and the Annulment Procedure: Can the Gap in the European System of Judicial Protection Be Closed?

Mariolina Eliantonio, Betül Kas

Abstract


The restrictions imposed on the possibility for an individual to challenge European law measures and the restrictive interpretation of the notion of ‘individual concern’ given by the European Court of Justice have been highly criticised by legal scholars and members of the European judiciary as being against the principle of effective judicial protection. This paper shows how the restrictive interpretation of the notion of ‘individual concern’ developed in the case law of the European Court of Justice. Furthermore, the paper discusses possible improvements to the current system of judicial protection, such as the possibility to introduce a fundamental rights complaint procedure and the obligation of Member States to provide for effective judicial remedies before national courts. Finally, the impact of the modifications made by the Lisbon Treaty to the annulment procedure is assessed.


Full Text: PDF DOI: 10.5539/jpl.v3n2p121

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Journal of Politics and Law ISSN 1913-9047 (Print) ISSN 1913-9055 (Online)

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