Shaping the New Architecture of the EU System of Judicial Remedies: Comment on Inuit

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Series Details Vol.39, No.2, April 2014 p251-263
Publication Date April 2014
ISSN 0307-5400
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Publishers Abstract:
The much-awaited judgment in the Inuit case is critical for the application of the new standing conditions for private parties in actions for annulment. The Court defined the crucial concept of 'regulatory act' within the meaning of the third limb of art.263(4) TFEU as an act of general application other than a legislative act. The repercussions of this definition go, however, far beyond the revised locus standi rules applicable to private parties in actions for annulment. Critically, it has a direct bearing upon the right to effective judicial protection and, hence, upon the completeness of the EU system of judicial remedies. Pre-Lisbon, the latter was widely criticised for being prone to gaps. In Inuit, the Court relied upon the new art.19(1) TEU in order to demonstrate that the EU system of judicial remedies has now been rendered complete. This article will assess whether the system’s post-Lisbon architecture has filled the gaps concerning the judicial protection of the individual.

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