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Aktivní legitimace neprivilegovaných žalobců k podání žaloby na neplatnost / Locus standi of non-privileged applicants to bring an action for annulment

Locus standi of non-privileged applicants to bring an action for annulment Abstract Every developed legal system is bound to have a mechanism for checking the procedural and substantive legality of measures adopted by its institutions. In the European Union it was of significant importance to create a system of control over the acts of the EU institutions given the democratic deficit within the Union and the limited supervisory role of the European Parliament. Binding acts of the EU institutions are subject to review through a number of routes provided by the Treaty on the Functioning of the European Union (TFEU) and the Treaty on the European Union (TEU), namely action for annulment (Art. 263 TFEU), the plea of illegality (Art. 277 TFEU), the preliminary reference (Art. 267 TFEU) and the action for damages (Arts. 268 and 340 TFEU). The Court has consistently endeavoured to treat the several strands as a complex and coherent system of judicial review within the Union based on the rule of law. The action for annulment under Art. 263 TFEU plays a crucial role for individuals as it is in practice the only direct way open to individuals to challenge the acts of EU institutions. The main purpose of my thesis is to examine whether the current wording of Art. 263(4) TFEU provides for individuals a sufficiently...

Identiferoai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:313320
Date January 2011
CreatorsMoravcová, Eva
ContributorsSvoboda, Pavel, Král, Richard
Source SetsCzech ETDs
LanguageCzech
Detected LanguageEnglish
Typeinfo:eu-repo/semantics/masterThesis
Rightsinfo:eu-repo/semantics/restrictedAccess

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