Private Parties in European Community Law: Challenging Community Measures

Hardcover | April 30, 1999

byAlbertina Albors-Llorens

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The European Community legislative process is still characterized by a certain lack of democracy, even after the Maastricht amendments to the European Community Treaties. It is therefore a matter of great importance that there is an adequate system of judicial review of community acts whichwill enable private parties to challenge illegal, invalid and unfair community administrative actions. There thus exists a system by which private parties can bring direct and indirect actions to seek redress. The direct actions are the actions for annulment and the action for a failure to act.The indirect action is the plea of illegality. In addition to this system specifically designed to assess the legality of community measures there are two other remedies not intended for this purpose but which are used to effect a consideration of the legality of a certain act: these arepreliminary rulings on the validity of acts of the Institutions and actions for damages.The book is divided into two parts. The first part deals extensively with annulment proceedings. The drafters of the EC Treaty attached severe conditions of locus standi to this remedy and it has fallen to the European Court of Justice to interpret and apply these conditions through its Case Law.Commentators have found it difficult to discern a common trend in the approach of the court to the locus standi issue. It appears clear however that the court has followed a very restrictive approach and that many actions have been dismissed as inadmissible. The author of this work re-examines theCase Law and systematizes it to highlight specific areas (particularly anti-dumping, competition and state aids cases) and to a lesser extent in the area of general management of the market where there has evolved a more lenient approach to the determination of the issue of locus standi of naturaland legal persons.The second part of the book deals with the alternative means of review (ie via an Article 177 Treaty reference) and suggests that these proceedings do not provide adequate protection of the interests of private parties in all situations where annulment proceedings cannot be brought because theapplicants involved lack locus standi even though a certain degree of damage may have been inflicted to their interests.Besides setting out the various remedies and showing how actions can be mounted successfully the book also assesses the extent to which the court may have shifted its approach to the locus standi question. It also reveals the areas where private parties may not always find an adequate orappropriate means of redress against illegal community actions.

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From Our Editors

In the framework of European Community Law, it is a matter of great importance that an adequate system of judicial review exists, thus enabling private parties to challenge illegal, invalid and unfair Community administrative actions. This book not only deals extensively with the action for annulment, where private parties may obtain t...

From the Publisher

The European Community legislative process is still characterized by a certain lack of democracy, even after the Maastricht amendments to the European Community Treaties. It is therefore a matter of great importance that there is an adequate system of judicial review of community acts whichwill enable private parties to challenge ille...

Albertina Albors-Lorens is Research Associate at the Centre for European Legal Studies, Cambridge

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Format:HardcoverDimensions:310 pages, 9.21 × 6.14 × 0.87 inPublished:April 30, 1999Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198260806

ISBN - 13:9780198260806

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From Our Editors

In the framework of European Community Law, it is a matter of great importance that an adequate system of judicial review exists, thus enabling private parties to challenge illegal, invalid and unfair Community administrative actions. This book not only deals extensively with the action for annulment, where private parties may obtain the review of Community acts only after fulfilling severe locus standi conditions, it also examines the alternative means of review available to natural and legal persons. Besides setting out the various remedies and showing how actions can be mounted successfully, the book also assesses the extent to which the European Court may have shifted its approach to the locus standi question. It also reveals situations where private parties may not always find an adequate or appropriate means of redress against illegal Community actions.

Editorial Reviews

'A clear, comprehensive and instructive volume that will enable law students and lawyers not yet familiar with the techniques of Community law to follow new developments in the area of judicial review.'