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Rulemaking by the European CommissionThe New System for Delegation of Powers$
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Carl Fredrik Bergström and Dominique Ritleng

Print publication date: 2016

Print ISBN-13: 9780198703235

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198703235.001.0001

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Judicial Protection for Private Parties in European Commission Rulemaking

Judicial Protection for Private Parties in European Commission Rulemaking

Chapter:
(p.205) 10 Judicial Protection for Private Parties in European Commission Rulemaking
Source:
Rulemaking by the European Commission
Author(s):

Maria Bergström

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198703235.003.0010

This chapter examines the preconditions for private parties to bring direct actions before the Court of Justice of the EU and argues that enhanced opportunities would increase the democratic legitimacy of non-majoritarian institutions such as European Commission. But even if the Lisbon Treaty introduced some relaxed rules for standing for standing these have not been interpreted generously. The remaining questions concern the coherence of the terminology used in Articles 290 and 291 TFEU on the one hand and in Article 263 TFEU on the other. A narrow interpretation of regulatory acts, direct concern, and implementing measures might clash with demands put on the EU legal order by the ECHR and the EU Charter. A wide interpretation would not only increase democratic legitimacy control of European Commission and strengthen judicial protection but it would also meet the demands of the ECHR and the EU Charter.

Keywords:   Article 263 TFEU, judicial protection, private parties, direct action, standing, legislative acts, non-legislative acts, regulatory acts, implementing measures, EU Charter

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