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Private Parties in European Community Law - Challenging Community Measures (Hardcover, New)
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Private Parties in European Community Law - Challenging Community Measures (Hardcover, New)
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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 which will 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 are preliminary 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 the Case 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
natural and 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 the applicants 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 or appropriate means of redress against
illegal community actions.
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