Book contents
- Frontmatter
- Contents
- Map
- Preface
- Abbreviations
- Table of Cases
- Table of Treaties, Instruments and Legislation
- Table of Equivalents
- Electronic Working Paper Series
- 1 European Integration and the Treaty on European Union
- 2 The EU Institutions
- 3 Union Law-making
- 4 The EU Judicial Order
- 5 The Authority of EU Law
- 6 Fundamental Rights
- 7 Rights and Remedies in National Courts
- 8 Infringement Proceedings
- 9 Governance
- 10 Judicial Review
- 11 EU citizenship
- 12 EU Law and Non-EU Nationals
- 13 Equal Opportunities Law and Policy
- 14 EU Criminal Law
- 15 External Relations
- 16 The Internal Market
- 17 Economic and Monetary Union
- 18 The Free Movement of Goods
- 19 The Free Movement of Services
- 20 The Pursuit of an Occupation in Another Member State
- 21 Trade Restrictions and Public Goods
- 22 EU Competition Law: Function and Enforcement
- 23 Antitrust and Monopolies
- 24 State Regulation and EU Competition Law
- Index
10 - Judicial Review
- Frontmatter
- Contents
- Map
- Preface
- Abbreviations
- Table of Cases
- Table of Treaties, Instruments and Legislation
- Table of Equivalents
- Electronic Working Paper Series
- 1 European Integration and the Treaty on European Union
- 2 The EU Institutions
- 3 Union Law-making
- 4 The EU Judicial Order
- 5 The Authority of EU Law
- 6 Fundamental Rights
- 7 Rights and Remedies in National Courts
- 8 Infringement Proceedings
- 9 Governance
- 10 Judicial Review
- 11 EU citizenship
- 12 EU Law and Non-EU Nationals
- 13 Equal Opportunities Law and Policy
- 14 EU Criminal Law
- 15 External Relations
- 16 The Internal Market
- 17 Economic and Monetary Union
- 18 The Free Movement of Goods
- 19 The Free Movement of Services
- 20 The Pursuit of an Occupation in Another Member State
- 21 Trade Restrictions and Public Goods
- 22 EU Competition Law: Function and Enforcement
- 23 Antitrust and Monopolies
- 24 State Regulation and EU Competition Law
- Index
Summary
INTRODUCTION
This chapter considers judicial review by the European Court of Justice. It is organised as follows.
Section 2 considers the scope of Article 263 TFEU, the central provision governing direct actions for judicial review of Union measures before the General Court and the Court of Justice. It has been amended by the Lisbon Treaty to allow not just the traditional institutions to be reviewed but also the European Council and EU agencies, offices and bodies. The measures susceptible to review include not just formal legal acts but any measure intended to produce legal effects. This will be any measure which is clear, definitive and produces a change in the applicant's legal situation.
Section 3 considers the grounds for review. A measure will be annulled, first, if the institution does not have the formal competence to adopt it. Review is possible, secondly, if the institution has misused its power. This may be an abuse of power where a power is used for purposes other than that for which it was granted. More common is a manifest error of assessment. This requires Union measures to be substantiated by the evidence provided, and for that evidence to be accurate, reliable, consistent and sufficiently complete. The third heading of review is ‘rights of process’.
- Type
- Chapter
- Information
- European Union LawCases and Materials, pp. 396 - 438Publisher: Cambridge University PressPrint publication year: 2010