Previous: Effect of European Union law

Judicial review is a framework which allows the Court of Justice of the European Union (CJEU) to examine the legality of acts and decisions of EU institutions, in a similar vain to judicial review in the UK. Judicial review claims may be made between institutions, by Member States or by private parties.

Article 263 – action for annulment

Article 263 TFEU lays out one of three ways a judicial review claim may be made. It is known as an action for annulment. Legislative acts of the Council, Commission, Parliament, European Council and European Central Bank (ECB) may be reviewed under Article 263. Just at in judicial review in the UK, there are a number of preconditions which a claimant must satisfy before his claim will be reviewed substantively: the act must be reviewable, it must be bought within 2 months and the claimant must have the required standing. Only then will the grounds for his review be considered by the CJEU.

Reviewable act

According to ERTA [1971], an act of an EU institution is only reviewable if it was intended to produce legal effects. Further, in IBM [1981], it was said that a distinct change in the claimant’s legal position must have occurred before a claim may be made. In Commission v Council [2004], the CJEU expressed its dislike of inter-institutional challenges.

The CJEU may only review acts within its jurisdiction...

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