Considerations referring to the rules of admissibility of the action for annulment brought by the unprivileged applicants within the regime of the Treaty of Lisbon Cover Image
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Considerații relative la regulile de admisibilitate a acțiunii în anulare formulate de reclamanții neprivilegiați în regimul Tratatului de la Lisabona
Considerations referring to the rules of admissibility of the action for annulment brought by the unprivileged applicants within the regime of the Treaty of Lisbon

Author(s): Andrei Duțu-Buzura
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: European Union law; Court of Justice of the European Union; action for annulment; standing to institute proceedings; European nationals; Treaty of Lisbon.

Summary/Abstract: The amendment of the procedural rules concerning the access to justice of the European nationals, by the entry into force of the Treaty of Lisbon (1 December 2009), has required a rapid and effective reaction of the Court of Justice of the European Union; from this perspective, the new configuration of the criteria of admissibility of the actions brought by the so-called unprivileged applicants – natural or legal persons of private law – needed a reassessment of the aspects of material law (regarding the European acts that can be challenged) and, at the same time, of processual law, especially regarding the temporal application of the procedural rules. Despite the relatively short time interval, the Court in Luxembourg captured, in its recent case law, the much more flexible character of the rules of admissibility of the action for annulment, as provided in Article 263 paragraph 4 of the Treaty on the Functioning of the European Union.

  • Issue Year: 2016
  • Issue No: 12
  • Page Range: 162-178
  • Page Count: 17
  • Language: Romanian