Judicial review constitutes an important aspect of any legal system
operating under the rule of law. This book provides a comprehensive
account of judicial review in EU law by assessing the vast and
complex case-law of the European Court of Justice (ECJ) in this
area and the academic opinion which has accompanied its rulings
over the years. It questions the prevalent view in academic
literature that the Court's restrictive approach to allowing
individuals direct access to the Community Courts, in case of a
challenge against normative acts, amounts to a denial of an
effective remedy. The author argues that the emerging
constitutional nature of the European Union and its federal
structure requires a more balanced view. While it will improve
direct access for individuals to the Union's judiciary, the Lisbon
Treaty will not radically alter the system of judicial review in
the European Union. Judicial Review in EU Law will be of great
interest to academics, and given its detailed discussion of
case-law of the ECJ it will also appeal to postgraduate students of
European law. Dealing with an important aspect of legal practice,
it will be invaluable reading for practitioners in law firms and
officials working in local, regional and central government.
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