Locus standi of private applicants under the EU Constitution: preserving gaps in the protection of individuals' right to an effective remedy

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2005

Authors

Koch, C.

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European Law Review, 2005; 30(4):511-527

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This article examines the rules governing locus standi of private applicants in actions for annulment of European Union measures under the regime of the EU Constitution. It aims to determine whether an individual’s right to an effective remedy is accorded better protection under the Constitution than under the EC Treaty. The article argues that the Constitution does not fundamentally change the system of remedies established by the EC Treaty. Consequently, many of the problems that currently arise for private parties attempting to gain direct access to the Community Courts have been preserved. Furthermore, new problems, stemming from the novel distinction in the Constitution between legislative and regulatory acts, have been created. Therefore, while the Constitution makes some improvements to private applicants’ prospects of initiating proceedings directly in the Courts of the Union, it fails to protect the rights of individuals to an effective remedy comprehensively.

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