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Pregledni rad

https://doi.org/10.30925/zpfsr.37.1.18

THE RIGHT OF ACCESS TO THE COURT OF JUSTICE OF THE EUROPEAN UNION

Katarina Knol Radoja ; Pravni fakultet Sveučilišta u Osijeku


Puni tekst: hrvatski pdf 385 Kb

str. 511-531

preuzimanja: 1.362

citiraj


Sažetak

Restrictive approach of the interpretation of assumptions for the approval of filing a claim before Court of Justice of the European Union for annulment when it comes to natural and legal persons before the adoption of the Lisbon Treaty was the subject of a number of doctrinal criticism. The aim of this paper is to analyze the practical impact of the new rules on the admissibility of filing a claim in the light of the interpretative decisions made by the European Court of Justice. Specifically, it will be analyzed whether the private applicants on the basis of the new Article 263, paragraph 4 of the Treaty on the Functioning of the European Union have easier access to Court of Justice of the European Union in comparison with those before the amendments of the Treaty of Lisbon. Moreover, the compatibility of mentioned article with the international obligations arising from the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters the agreement which is the European Union also a party will be analyzed.
At the end of the paper, author reaches the conclusion that in spite of some progress in the sense of relieving the access to the courts to the physical and legal persons, to these individuals direct access to challenge the illegality of acts of the institutions of the European Union will, however, continue to be available only in limited cases.

Ključne riječi

Court of Justice of the European Union; access to court; admissibility of the action for annulment

Hrčak ID:

160670

URI

https://hrcak.srce.hr/160670

Datum izdavanja:

11.4.2016.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.180 *