What Has Been, and What Could Be Thirty Years after Les Verts/European Parliament: Individual Access to EU Justice

THE PAST AND FUTURE OF EU LAW - THE CLASSICS OF EU LAW REVISITED ON THE 50TH ANNIVERSARY OF THE ROME TREATY, pp. 324-332, M. Poiares Maduro and L. Azoulai, eds., Hart Publishing 2010

Abstract

The legendary Les Verts judgment went down in history not only as the first judicial recognition of the European Union as 'a Community based on the rule of law' but also because it identified within it 'a complete system of legal remedies.' While the former statement turned out to be a mere acknowledgment of a pre-existing reality, the latter proved more controversial. Thirty years after its delivery, this study proposes to analyse the role that this judgment has played within the evolution of the EU remedies system, by provocatively exploring whether the expectations which it has generated have been fully satisfied. In other words, was the Court's dictum a statement of fact, a prediction or a wish?


Keywords
EU law, Legal remedies, Access to justice, Locus standi, Judicial Review, European Court of Justice


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