molinari_2019-02.pdf
(392.77 KB, PDF)
… aspects: the reviewable acts, as identified in the EU Treaties,3 and the standing requirements for individual applicants in direct actions.4 The first criticism was particularly vibrant in the early decades of the EU constitutional system, when the Treaties did not mention the European Parliament amongst the institutions whose acts could be subject to judicial review5 and when the European Council was not yet considered an EU institution.6 Already in the late 80s, the Court recognised … Article 47 CFREU’ (2014) 33 Yearbook of European Law 3; Anthony Arnull, ‘The Principle of Effective Judicial Protection in EU Law: An Unruly Horse?’ (2011) 36 European Law Review 51. 14 See Pabel (n 8) 1508; Koen Lenaerts, ‘The Rule of Law and the Coherence of the Judicial System of the European Union’ (2007) 44 Common Market Law Review 1625, 1626; Safjan and Düsterhaus (n 13). 15 Prechal (n 12) 140; Koen Lenaerts, Ignace Maselis and Kathleen Gutman, EU Procedural Law (OUP Oxford 2014) 111–113. … judicial remedy, namely the right of access to a court empowered to take the measures necessary to redress violations of Union law or even prevent them. On the other hand, going beyond art. 6 ECHR, it imposes due process guarantees, not only in the spheres of civil and criminal law, but also in that of administrative law. Between the two main components of the right to effective judicial protection, access to a court empowered to examine ‘all the questions of fact and law that are relevant to the …
