Judicial Protection Vis-à-Vis the Institutions and Bodies of the Union (original) (raw)

Oxford University Press eBooks, 2021

Abstract

This chapter reviews judicial protection of all those affected by the European Union's own actions. Union law rules must be upheld and applied not only within the Member States but also by the institutions and bodies of the Union itself. To this end, the Treaties have established 'a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions'. Due to the requirement of equality of the Member States before Union law (Article 4(2) TEU), the legality of the actions of the institutions and bodies of the Union may be assessed only by the Court of Justice in accordance with Union law. In order to ensure that Union law is respected by the institutions and bodies of the Union, the Treaties provide for procedures whereby the Court of Justice may review the legality of their acts directly. In addition to these 'direct actions', there is the possibility for national courts and tribunals to ask the Court of Justice to give preliminary rulings on the validity of acts of the institutions and bodies. The chapter provides a brief description of these two forms of legal protection before assessing how the combination of the two forms constitutes a comprehensive system of legal protection.

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