As a type of proceeding which is within the exclusive jurisdiction of the European Community courts, the action for annulment performs a dual function. Through this procedure the judicial review of Community acts is performed and the Community courts have the opportunity to construe and develop the general principles of Community law. Since the Community is founded on the principle of limited and attributed powers, the action for annulment has a significant role in delimiting and controlling the powers of the Community; by striking the institutional balance amongst the Community institutions on the one hand, and regulating the relations between those institutions and the Member States, on the other. Moreover, the action for annulment has another basic function, that is reflected in its role in the effective protection of individuals’ rights at the Community level. This study focuses on the case-law of the Community courts in the field of action for annulment, with an emphasis on the rather strict conditions of private litigants’ locus standi. The case-law is analysed with a view to make a prediction on its future line of development and as a conclusion it is argued that the treaty revision might have become the only way forward in this field
As a type of proceeding which is within the exclusive jurisdiction of the European Community courts, the action for annulment performs a dual function. Through this procedure the judicial review of Community acts is performed and the Community courts have the opportunity to build and develop the general principles of Community law. Since the Community is founded on the principle of limited and attributed powers, the action for annulment has a significant role in delimiting and controlling the powers of the Community; by striking the institutional balance among the Community institutions on the one hand, and regulating the relations between those institutions and the Member States on the other. Moreover, the action for annulment has another basic function, which is reflected in its role in the effective protection of individuals’ rights at the Community level. This study focuses on the case-law of the Community courts in the field of action for annulment, with an emphasis on the rather strict conditions of private litigants' locus standi. The case-law is analyzed with a view to make a prediction on its future line of development and as a conclusion it is argued that the treaty revision may have become the only way forward in this field
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Dergi Türü : Ulusal
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