Judicial Remedies and Review - Statutes

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  • Created by: Edward
  • Created on: 25-02-16 09:58
Art 17 TEU
European Commission has general duty to ‘ensure that the provisions of this Treaty and measures taken by the institutions pursuant thereto are applied’
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Art 279 TFEU
The CJEU may in cases brought before it prescribe any necessary interim measures
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Art 263(4) TFEU
Non-privileged app’ts includes any natural or legal person- the ability of these ind’s to challenge Community acts is severely restricted
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Art 263(4) TFEU
Non priv’d app’ts may only bring proceedings against 3 types of acts: a decision addressed to the applicant; a decision in the form of a regulatory act which is of direct and ind concern to the applicant; a decision addressed to another person which
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Art 296 TFEU
Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives, recommendations, requests or opinions required by the Treaties
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Art 41(2) EU Charter of Fundamental Rights
The right of every person to be heard, before any ind measure which would affect him or her adversely is taken
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Art 263(5) TFEU
Proceedings must be instituted within 2 months of the publication of the measure, or of its notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge of the latter, as the case may be
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Art 264 TFEU
If the action is well-founded, the CJEU shall declare the act concerned to be void
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Art 233 TFEU
The institution whose act has been declared void must take the nec measures to comply with the judgement of the CJEU
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Art 263 TFEU
Annulment proceedings for direct challenge upon validity of a Union act – gives CJEU authority to review legality of all those acts specified in art 288 TFEU which are intended to be legally binding-thus, opinions and recommendations are NOT covered
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Card 2

Front

The CJEU may in cases brought before it prescribe any necessary interim measures

Back

Art 279 TFEU

Card 3

Front

Non-privileged app’ts includes any natural or legal person- the ability of these ind’s to challenge Community acts is severely restricted

Back

Preview of the back of card 3

Card 4

Front

Non priv’d app’ts may only bring proceedings against 3 types of acts: a decision addressed to the applicant; a decision in the form of a regulatory act which is of direct and ind concern to the applicant; a decision addressed to another person which

Back

Preview of the back of card 4

Card 5

Front

Legal acts shall state the reasons on which they are based and shall refer to any proposals, initiatives, recommendations, requests or opinions required by the Treaties

Back

Preview of the back of card 5
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