Lecture notes
European Law - Judicial review
- Module
- EU Law
- Institution
- Coventry University (West Midlands) (CU)
12 page document including the most important articles and cases concerning judicial review
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Judicial ReviewArt. 263 TFEU:
“The Court of Justice of the European Union shall
review the legality of legislative acts (directives,
regulations.. Which have gone through legislative
process), of acts of the Council, of the Commission
and of the European Central Bank, other than
recommendations and opinions, and of acts of the
European Parliament and of the European Council
intended to produce legal effects vis-à-vis third parties.
It shall also review the legality of acts of bodies, offices
or agencies of the Union intended to produce legal
effects vis-à-vis third parties.”
Art 263 provides an individual to bring an action in the CJEU. Procedure is very specific and has
two major functions: it provides means of questioning and controlling the legality of binding acts
of EU institutions, it offers a form of legal protection to those who are subject to the instruments
of the EU and who are adversely affected by instruments that are illegal
There are 3 key aspects to Art 263 that must be considers: the type of actions by the institutions
that are capable of being reviewed under the procedure and the grounds on which an action
may be brought, the identity of those who may bring a claim (locus standi), the actual procedure
itself
Is there a reviewable act? - Does the applicant enjoy legal standing?(IMPORTANT) - What are the
grounds for judicial review? - Is the action within the 2 month time limit?
(Action for annulment)
Access to JR is very limited - controversial
Reviewable acts
● Case 60/81 IBM v Commission [1981] ECR 2639.
“Any measure the legal effects of which are binding on,
and capable of affecting the legal interests of, the
applicant by bringing about a distinct change in his legal
, position is an act or decision which may be the subject of
an action…”
● Case T-353/00, Le Pen v Parliament [2003] ECR II-01729
Front Nationale MEP Jean-Marie Le Pen elected to European Parliament
in 1999. In 2000, French Government disqualifies Le Pen by decree,
which he seeks to challenge in French courts.
- Act concerning the election of the members of the
European Parliament by direct universal suffrage
[1976] OJ L 278:
● “European Parliament shall verify the
credentials of members of the European
Parliament. For this purpose it shall take note
of the results declared officially by the Member
States and shall rule on any disputes which
may arise out of the provisions of this Act other
than those arising out of the national provisions
to which the Act refers.”
- Decides to wait for decision of Conseil d'État before accepting
disqualification.
- Conseil d'État upholds decree, but Le Pen continues to
allege procedural improprieties. Parliament accepts
French notice and declares Le Pen’s seat vacant.
- Le Pen brings action for annulment of the
declaration of the President of the European
Parliament.
- Parliament argues the statement by the
President of the Parliament
was declaratory in nature and did not alter legal position.
Held, declaration of the President of the Parliament is not
reviewable. Power of verification of the European Parliament is
solely to determine whether or not a seat “is in fact vacant”. -
statement in fact
Legal effects must alter the law rules
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