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2 results

  • 1 - The Power of Procedure

  • from Part I - Remedies before the CJEU
  • Edited by Melanie Fink, Leiden University
  • Book:
    Redressing Fundamental Rights Violations by the EU
    Published online:
    21 December 2024
    Print publication:
    12 December 2024, pp 13-35
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  • Summary

    The action for annulment is one of the main avenues to test the lawfulness of EU measures in light of EU fundamental rights. Through this procedure, the EU courts exercise their role of guardians of the Treaties by confirming or striking down EU measures. Accordingly, the action has both an ex post regulatory and a democratic control function, while ensuring the coherence of the EU legal order under a Kelsenian model of constitutional review. It is through procedure that EU fundamental rights exercise their influence in the action for annulment: both the parties to the litigation and the Court invoke procedural fundamental rights to delineate the process-based obligations imposed on EU institutions. In so doing, both the applicants and the EU courts shape fairness and the rule of law in the EU administrative space. The centrality of procedure in the judicial review of EU law is a direct reflection of the plethora of procedures that constellate the EU governance. Yet recent rule of law saga cases appear to signal a new direction towards more substantive pleas (and therefore contestation) of EU law.

  • REMEDIES AGAINST THE EU INSTITUTIONS AFTER LISBON: AN ERA OF OPPORTUNITY?

  • Albertina Albors-Llorens
  • Journal:
    The Cambridge Law Journal / Volume 71 / Issue 3 / November 2012
    Published online by Cambridge University Press:
    27 November 2012, pp. 507-536
    Print publication:
    November 2012
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  • This article considers some of the challenges which lie ahead for the Court of Justice of the EU in the field of remedies against the EU institutions following the entry into force of the Lisbon Treaty. It examines the evolving role of EU remedies and, in particular, recent decisions of the General Court applying the new standing rules in Article 263(4) TFEU.