Abstract:

The legality of the acts of Community institutions examined through annulment action regulated under article 230 EC. The standing of individuals in actions for annulment are only limited for true decisions with the condition of direct and individual concern. The restrictive interpretation of direct and individual concern by the European Court of Justice (ECJ) makes it very difficult for individuals to have direct access to Community courts. It is almost impossible for individuals to challenge regulations before ECJ. The indirect challenge possible under article 234 EC (preliminary ruling) and 241 EC (plea of illegality) is not as effective and comprehensive as direct actions. However, the principle of effective judicial protection requires national and Community courts to guarantee protection of rights of individuals under Community law. The restrictive approach of the ECJ on locus standi of individuals is against the principle of effective judicial protection. This article starts with examining action for annulment proceeding in general and then, focuses on the decisions of Community courts regarding standing of private applicants. The approach of Community courts is evaluated in the light of effective judicial protection and solutions are suggested to overcome the gap in judicial protection

Keywords: