Development of Legal Protection in EU Courts Dissertation

Development of Legal Protection in EU Courts - Dissertation Example Each established judicial system offers a mechanism for testing the legitimacy of the measures adopted by its respective institutions. In the European Union judicial system, given the democratic deficit as well as the restricted supervisory functions of the European Parliament, it is of the essence that a system be created to control the actions, decisions or privileges enjoyed by the European Union institutions. In this case, the fundamental position rests with the European Union Court of Justice, which is considered as an independent institution charged with defending the rule of law within the Union (Albors-Llorens, 1996).Before the Treaty of Lisbon brought amendments to the European Union, the major procedure in the event of judicial review was provided for in Article 230 EC Treaty, which gave non-privileged applicants the right to directly challenge the unjustifiable acts of the Union’s institutions such as the European Parliament, the Commission, the Council and the Euro pean Union Central Bank. Hypothetically, this previous mechanism stood as the standard judicial review instrument that was open to individuals. However, in reality, the possibility has been limited given its restrictive requirements on the issue of standing conditions for annulment and the strict interpretation of the requirements of individual concern that was adopted by the Court in the Plaumann case (Albors-Llorens, 2003), (Note 1). This means that these possibilities have been restrictive given the nature of the requirements.... This means that these possibilities have been restrictive given the nature of the requirements on the locus standi conditions, which are very strict. Again, hypothetically, they should be the primary channel for individuals to seek when reviewing the EU measures (Parfouru, 2007). The restrictive nature of the action for annulment as well as its strict interpretation by the Court denote a key impediment to access by the non-privileged applicants to the Court contrary to the privileged position enjoyed by the Member States and the EU institutions. This off-putting approach has been at the center of controversy and has been strongly criticized by members of the judiciary and scholars (Note 2). For instance, the adversaries of the system have challenged the approach claiming it violates the principle of effective judicial protection (Gormley, 2006). According to them, such restrictive approach is unfortunate as it leads to denial of justice. This condition is inconsistent with the common constitutional values, including the European Convention on Human Rights and Charter of Fundamental Rights, both of which the EU is based. The action for annulment, as provided for by Article 263 TFEU, is at the focal point of the EU judicial system. Its origin can be traced in the annulment proceedings against the unlawful administrative action as referred as by the Member States’ legal system. The Article allows non-privileged applicants, who may comprise any natural or legal person, to directly challenge the illegal measures. This results from the direct effect, which the EU has with regard to natural and legal persons as well as the Member States. Further, the restrictive locus standi to bring an action for annulment is one of