The locus standi of private applicants under article 230 (4) EC and the principle of judicial protection in the European Community

Abstract:

The severe interpretation of the notion of 'individual concern' from Article 230 (4) EC by Court of Justice and the restrictions imposed by the Treaty itself on the possibility of challenging Community acts by individuals are criticized as being against the principle of effective judicial protection and leading in many cases to the denial of justice. This paper presents how this restrictive interpretation developed in the case law of ECJ and CFI and how this situation can be assessed in terms of effective judicial protection and the rights to legal remedy. It also analyses recent reactions of both Community courts to the growing criticism of the standing rules. Finally it is discussed whether Convention on the Future of Europe and the draft Constitution for Europe could provide a remedy to the lacuna in the system of judicial protection of individuals in the European Union.