Admissibility in EU Law: Locus Standi

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Questions and Answers

What is the source of the voting rules in the EU?

Art.20(3) TEU

Art.330 TFEU (correct)

The Schengen Acquis

The Lisbon Strategy

What does not bind non-participating Member States in enhanced cooperation?

The European Parliament's decisions

Acts adopted in the framework of enhanced cooperation (correct)

Legislative measures

Court rulings

What is an example of enhanced cooperation?

The Lisbon Strategy

The Open Method of Coordination

The European Public Prosecutor (correct)

The European Court of Justice

What is a characteristic of the Open Method of Coordination?

It does not require EU Member States to introduce or amend their laws Signup and view all the answers

What is the role of the Commission in the Open Method of Coordination?

It has a limited role in surveillance Signup and view all the answers

Which institutions play no part in the Open Method of Coordination?

The European Parliament and the Court of Justice of the European Union Signup and view all the answers

What is a key feature of the Open Method of Coordination?

Peer pressure and benchmarking Signup and view all the answers

In which areas does the Open Method of Coordination typically take place?

Employment, social protection, education, and vocational training Signup and view all the answers

Which of the following statements is true about the appointment of the High Representative?

The President of EC and the President of COMM do not take part in a vote for the decision. Signup and view all the answers

What is the role of the Commission in the EU's institutional design?

To represent the general interest of the Union. Signup and view all the answers

How many members are there in the Commission?

One member from each Member State. Signup and view all the answers

What is the term of office for a Commissioner?

5 years. Signup and view all the answers

What is the role of the European Parliament in the appointment of the Commission?

The EP holds hearings with candidate members before giving its vote of consent. Signup and view all the answers

What is the main responsibility of the Commission?

To promote the general interest of the Union and ensure the application of EU law. Signup and view all the answers

What is the significance of the EU's dual executive?

The European Council has the political authority, while the Commission has the right of initiative and expertise. Signup and view all the answers

What is the importance of maintaining the institutional balance in the EU?

To ensure that every institution acts within the limits of its powers. Signup and view all the answers

Which of the following categories of applicants have unrestricted locus standi?

Privileged applicants Signup and view all the answers

What is the key requirement for locus standi in the EU?

The applicant must have a legal interest in the matter and it is expressed in TFEU Signup and view all the answers

Which of the following is NOT a privileged applicant?

Non-governmental organization (NGO) Signup and view all the answers

What is the consequence of not having locus standi?

The applicant has no right to challenge the EU act Signup and view all the answers

What is the role of the CJEU in relation to locus standi?

The CJEU interprets locus standi, as defined in TFEU Signup and view all the answers

Which of the following is an example of a case where an EU institution challenges another EU institution?

COMM v. CEU Signup and view all the answers

What is the key difference between privileged and non-privileged applicants?

Privileged applicants have no restrictions on the purpose of bringing an action for annulment, while non-privileged applicants do Signup and view all the answers

What is the significance of the TFEU in relation to locus standi?

The TFEU defines locus standi Signup and view all the answers

What is the principle of access to documents in the context of Hungary?

The ability to see documents that concern an individual specifically Signup and view all the answers

What is the primary purpose of the principle of proportionality in Administrative Law?

To ensure the proportionality of measures and decisions Signup and view all the answers

What is the principle of good administration in the context of Administrative Law?

The obligation to handle cases impartially and properly Signup and view all the answers

What is the primary obligation of member states under the principle of sincere co-operation?

To fulfill their obligations from the Treaties or acts of EU institutions Signup and view all the answers

What happens when the CJEU declares an act void?

The CJEU may specify which effects of the act should be considered definitive. Signup and view all the answers

What is the purpose of the principle of equivalence and effectiveness in the context of EU law?

To standardize the implementation of EU law rights within national legal systems Signup and view all the answers

What is the primary obligation of the EU and its member states under the principle of Administrative Law?

To bind the EU and its member states to certain standards of legal protections Signup and view all the answers

What is the consequence of an annulment action on the EU institution that adopted the act?

The institution is required to take the necessary measures to comply with the CJEU's judgement. Signup and view all the answers

What is the primary purpose of the right to a defense in the context of Hungary?

To protect individuals against incrimination Signup and view all the answers

What is the relationship between an action for annulment and a damages action?

Damages can be pursued as a separate and autonomous action. Signup and view all the answers

What is the CJEU's jurisdiction in relation to CFSP?

The CJEU has no jurisdiction in principle in the field of CFSP. Signup and view all the answers

What is the principle of procedural autonomy in the context of EU law?

The right of member states to determine their own procedures for implementing EU law Signup and view all the answers

What type of questions can be referred to the CJEU for a preliminary ruling?

Questions on the interpretation of treaties and the validity and interpretation of acts of EU institutions. Signup and view all the answers

Which courts can send a question to the CJEU for a preliminary ruling?

Courts or tribunals of Member States that meet certain criteria. Signup and view all the answers

When is a national court or tribunal required to refer a question to the CJEU?

When the court or tribunal is a court of last instance. Signup and view all the answers

Why does a national court have to refer a question on the validity of an EU act to the CJEU?

Because the national court has no jurisdiction to determine the validity of EU acts. Signup and view all the answers

Study Notes

Admissibility of Applicants for Annulment

Locus standi: recognition of a legal interest in a matter, expressed in TFEU and further defined and interpreted by CJEU
Restrictions on locus standi constitute an impediment faced by some categories of applicants, meaning no standing = no right to challenge
3 categories of applicants:
- Privileged applicants
- Semi-privileged applicants
- Non-privileged applicants

Privileged Applicants

Member States (MS) can bring an action of annulment even if MS didn't oppose the act during the decision-making process in CEU
CEU
Commission (COMM)
European Parliament (EP)
TFEU: no restriction on the purpose of bringing an action for annulment
Examples of privileged applicants:
- MS v. EU Institutions (e.g., Federal Republic of Germany v. European Parliament and Council)
- EU institution v. EU institution (e.g., COMM v. CEU or COMM v. appointment of the High Representative)

The Commission (COMM)

Original institution: High Authority ECSC
Represents the general interest of the Union
Independent body
Consists of commissioners and a president
Each commissioner has a portfolio (e.g., competition, energy) with a Directorate-general (civil servants)
One member of the Commission per member state (27 in total)
Originally 2 commissioners for the large member states
Initiatives to limit the size of the Commission have been set aside
Difficult to create a relevant portfolio for each commissioner

Commission Membership

Term in office: 5 years (aligned with the electoral calendar of the European Parliament)
MS decide who they want to suggest as their Commission member
Hearings with candidate members before EP
Vote of consent from EP for COMM as a body (on that basis appointed by EC)
COMM as a body is responsible to EP; the EP can send home the whole COMM but not individual commissioners
Special members:
- Most Commissioners are just commissioners
- Vice-President also known as The High Representative
- Executive Vice-President (appointed as such by the COMM President)
- The President

Commission President - Role

Internal role
External role: representing COMM (before the EP) and representing the EU
Member of the EC
After EP elections, EC proposes a candidate for COMM President to the EP; the EP has to elect this candidate

Commission Tasks and Responsibilities

Promote the general interest of the EU
Ensure and oversee the application of EU law (by MS)
External representation
Budgetary and management functions
Other (coordinating) functions laid down in the Treaties
Right of initiative in practice
The content and timing of an initiative from COMM can often be traced back to conclusions of EC
EC in its conclusions often makes specific requests to COMM to make use of its right of initiative

EU's Dual Executive

EC leads the EU
EC has the political authority, COMM has the right of initiative and a lot of expertise

Institutional Balance

Complex institutional design:
- need to ensure checks and balances
- strike a balance between elected and non-elected institutions
- balance between EU-wide interests and national interests
EU institutions have to act within the limits of their respective powers in the context of a division of powers defined by the Treaties
the institutional balance is maintained as long as every institution does not exceed its respective powers to the detriment of the others
Maintaining the institutional balance is particularly important in the framework of the legislative procedure
Strengthening role of EP throughout the history of European integration - now on equal footing with CEU

The Legislative Branch

EP: most resembling a national parliament - directly elected
CEU:
- consists of 1 minister from each MS
- But ministers are acting as much as representatives of their Member States as officers of the executive
Voting rules set out in Art. 330 TFEU (Art. 20(3) TEU)

Enhanced Cooperation

Acts adopted in the framework of enhanced cooperation shall bind only participating MS
Examples of enhanced cooperation:
- Schengen acquis
- Applicable law to divorce (Rome III)
- Unitary Patent
- European Public Prosecutor

Open Method of Coordination (OMC)

Form of 'soft' law
Does not result in binding EU legislative measures
Does not require EU MS to introduce or amend their laws
OMC provides a new framework for cooperation between EU MS, whose national policies can thus be directed towards certain common objectives
Under this intergovernmental method, MSs are evaluated by one another (peer pressure), with the COMM's role being limited to surveillance
The EP and the CJEU play no part in the OMC process
OMC takes place in areas which fall within the competence of EU MSs, such as employment, social protection, education, youth, and vocational training

Administrative Law

Binding on EU and MS
Rule of Law (RoL) principles:
- legality
- legal and institutional transparency
- legal certainty
- protection of legitimate expectations
Proportionality of measures and decisions
Good administration:
- handles impartially and properly
- access to files
- proper reasoning and motivation
- damages
- language rights
- effective judicial remedy
- independent tribunals

Obligations of Member States

EU law not just for EU bodies, but also for MS + enforceable at a MS level
Also binds MS to certain standards of legal protections in order to function - without this, EU law rights wouldn’t be guaranteed or enforceable
The principle of sincere co-operation:
- obligation to co-operate in good faith with EU bodies and EU interests to the full implementation of EU law
- the problem of shared EU administration and the principle of procedural autonomy → solution = principles of equivalence and effectiveness

The Principle of Sincere Co-operation

EU and MS are required to assist each other in carrying out tasks derived from the Treaties
Assistance should be provided in full mutual respect
MS must take appropriate measures, both general and specific, to fulfill their obligations from the Treaties or acts of EU institutions
MS are obligated to facilitate the achievement of the EU's tasks
MS should avoid any measures that could jeopardize the attainment of EU's objectives

Effects of a Well-Founded Action for Annulment

CJEU shall declare the act concerned to be void
CJEU may state which of the effects of the act, which it has declared void, should be considered as definitive
The institution should be required to take the necessary measures to comply with the judgment of CJEU
Annulment does not result in imposing a fine on the EU institution which adopted the act and awarding financial compensation for applicants who were damaged
Damages can be pursued as a separate and autonomous action brought as a parallel or a follow-up to an action for annulment

The Court of Justice of the European Union (CJEU)

Functions and organization:
- The CJEU structure:
  - Specialized courts
  - The General Court
  - CJEU
- Actions and procedures before the CJEU:
  - No jurisdiction, in principle, in the field of CFSP
  - To review the validity/proportionality of operations carried out by the law enforcement services of a MS or the exercise of MS responsibilities with regard to the maintenance of law and order and safeguarding of internal security
Distribution of work in CJEU:
- Indirect actions - references for a preliminary ruling:
  - CJEU has jurisdiction to give preliminary rulings concerning:
    - Interpretation of treaties
    - The validity and interpretation of acts of the institutions, bodies, offices, or agencies of the EU
  - Courts or tribunals of MS can send a question to CJEU
  - CJEU takes account of a number of factors, in order to determine who can send a question, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law, and whether it is independent
  - The duty to refer on courts of last instance → “Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the CJEU” (art. 267 TFEU)
  - There are exceptions for questions on interpretation, see case Cilfit in doc cases for exam EU law
  - Questions on validity of EU law always need to be referred because national courts have no jurisdiction themselves to determine the validity of acts of the EU institutions

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Description

This quiz covers the concept of locus standi in EU law, including the recognition of a legal interest in a matter and the restrictions on locus standi that affect certain categories of applicants.