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Judicial Review Revision Sheet

The Law
Article 263 TFEU
(1) The EU act must be open to review
(2) The institution or individual seeking to challenge the legality of the measure must have
standing (locus standi)
(3) Procedural or substantive illegality of the type mentioned in para 2
(4) Challenge must b brought within the time limit (5)
(5) The proceedings provided in this Article shall be instituted within 2 months of:
- The publication of the measure, or
- Of its notification to the plaintiff, or
- Of the day on which it came to the knowledge of the latter, as the case may be

Article 263 (1): Reviewable acts?
(1) The CJEU shall review the legality of legislative acts
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Legislative acts include regulations, directives, and acts with binding force that
produce legal effects
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Article 263 (2): Standing for non-privileged applicants
Natural or legal persons can bring challenge in 3 instances:
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Act addressed to that person
Act of direct and individual concern to that person (but not the immediate adresse)
Regulatory act which is of direct concern and does not entail implementing measures
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Too any challenges will unduly restrict EU decision making and threaten legal certainty
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ay threate the i di idual s right to

Judicial Review Revision Sheet

Direct concern?
This requires a direct causal link between the EU act and the complained of affect on the applicants
legal position
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e
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(3)
Individual concern?
Plaumann
Facts: The German Government requested the commission to authorise it to suspend the collection
of duties o Cle e ti e s i ported fro
o -MS
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The applicant sought to challenge the legality of the
o
issio s de isio addressed to a other
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The applicant was affected as an importer of clementines, which was a commercial activity that can
be practised by anyone 0 he was therefore not distinguished from others
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Article 263 (3): Procedural and substantive illegality
Article 263 (2) Grounds of review:
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Lack of competence i
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incorrect legal basis
Infringement of an essential procedural requirement
Infringement of the Treaties or any rule of law relating to their application i
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the
principle of proportionality
Misuse of powers

Judicial Review Revision Sheet
This will result in the measures being declared void
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Issue – whether the EU Treaty creates an effective system of judicial protection, by which individuals
can challenge the legality of EU acts
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The General Court dismissed the application because the members of the association were not
i di idually o er ed
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The preliminary reference procedure – if an individual raises the validity of an EU measure before
the national court, the national court must refer the issue of validity to the CJEU
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Under this system, where the applicant does not have standing under Article 263 TFEU
(direct challenge), they can fall back on Article 267 TFEU (indirect challenge)
It is however for the MS to establish a system of legal remedies and procedures which ensure
respect for the right to effective judicial protection
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Reform of Article 263 TFEU
AG Jacobs in UPA raises the point that this current system is flawed where, under the preliminary
ruling procedure, the applicant has no right to decide if a reference is made, which measures are
referred for review or what grounds for invalidity are raised
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easure

Judicial Review Revision Sheet
This test would ensure that:
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Applicant are granted a true right of direct access and cases of possible denial of justice
are avoided
Remove the anomaly under current case law that the greater the number of person
affected, the less likely that judicial review is available
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Reform via Treaty of Lisbon
Article 263(4) states:
Natural or legal persons can bring a challenge in 3 cases:
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Act addressed that person
Act of direct and individual concern to that person
Regulatory act which is or direct concern and does not entail implementing measures

There is no definition of a regulatory act in the Treaty, but his has been found by implication to be a
non-legislative act
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g
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This would NOT
include regulations
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The first ase here regulatory a ts
Commission
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ust e u derstood as



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