Hostname: page-component-745bb68f8f-b6zl4 Total loading time: 0 Render date: 2025-01-09T21:31:01.938Z Has data issue: false hasContentIssue false

Judicial Protection Under the Constitution

Articles EC 220 ff.; Draft Convention I-28; III-258 ff.

Published online by Cambridge University Press:  12 October 2004

Rights & Permissions [Opens in a new window]

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

The challenges for the system of judicial protection of the EU spring from two main developments: first, the enlargement of the EU, which inevitably affects all institutions of the Union, most notably their organisational structure and modus operandi, second, the deepening and widening of the areas falling within the scope of competences of the EU. Article I-28 Draft Constitution states that the Court of Justice of the EU shall include the ECJ, the High Court and specialised courts. These courts, together with the national courts of all levels, constitute the intricate nexus offering judicial protection in the EU. The issues that dominated debates on the reform of the system of judicial protection varied from the amendment of Article 230.4 EC on the locus standi of applicants, to the impact of the incorporation of the Charter of Human Rights and to the competences of the ECJ in the areas of the second and third pillar. They all relate to the deepening and widening of the Union through this Draft Constitution.

Type
Judicial Review
Copyright
© T.M.C. Asser Press 2005