English, Article edition: The Recent Case Law on Locus Standi of Private Applicants under Art. 230 (4) EC: A Missed Opportunity or A Velvet Revolution? Kombos, Constantinos

User activity

Share to:
 
Bookmark: http://trove.nla.gov.au/version/66944
Physical Description
  • article
Language
  • English

Edition details

Title
  • The Recent Case Law on Locus Standi of Private Applicants under Art. 230 (4) EC: A Missed Opportunity or A Velvet Revolution?
Author
  • Kombos, Constantinos
Physical Description
  • article
Notes
  • The theme of the article is the ECJ's approach to the standing of private applicants in actions of annulment. The analysis places the emphasis on the Opinions by AG Jacobs and the rulings of the CFI and the ECJ in UPA and Jégo-Quérè and on the limited changes proposed under the Draft Constitution. The argument of the paper is that the critique presenting the preceding line of decisions as a missed opportunity is partly unfounded and partly misplaced for two main reasons. Firstly, the nature of the debate has now changed with the introduction of the right to effective judicial protection and secondly, the existing critique is not reflective of the multidimensional and complex nature of interacting factors that influence the strategic positioning of the ECJ in areas of specific constitutional significance. Therefore, the analysis concentrates on the factors that could provide the exegetical and not necessarily the justifying rationale for the persistently restrictive approach of the ECJ in the area of standing. It is submitted that the recent case law is an integral part of the calculated strategic positioning of the ECJ that was inevitable. The inevitability is founded on three reasons. Firstly, on the nature and significance of effective judicial protection and the central role that it was given by AG Jacobs and the CFI in UPA and Jégo-Quérè respectively. Secondly, the departure from the jurisprudence was driven from below rather than from the ECJ and finally, the chronology was such that coincided with the workings of the Convention on the Future of Europe. These new elements represent an attempted Velvet Revolution rather than a missed opportunity.
  • judicial review; preliminary rulings; rule of law; European law; fundamental/​human rights; legitimacy; Constitution for Europe; law
  • RePEc:erp:eiopxx:p0143
Language
  • English
Contributed by
OAIster

Get this edition

  • Set up My libraries

    How do I set up "My libraries"?

    In order to set up a list of libraries that you have access to, you must first login or sign up. Then set up a personal list of libraries from your profile page by clicking on your user name at the top right of any screen.

  • All (1)
  • Unknown (1)
None of your libraries hold this item.
None of your libraries hold this item.
None of your libraries hold this item.
None of your libraries hold this item.
None of your libraries hold this item.
None of your libraries hold this item.
None of your libraries hold this item.
None of your libraries hold this item.

User activity


e.g. test cricket, Perth (WA), "Parkes, Henry"

Separate different tags with a comma. To include a comma in your tag, surround the tag with double quotes.

Be the first to add a tag for this edition

Be the first to add this to a list

Comments and reviews

What are comments? Add a comment

No user comments or reviews for this version

Add a comment