Jump to ContentJump to Main Navigation
Rulemaking by the European CommissionThe New System for Delegation of Powers$
Users without a subscription are not able to see the full content.

Carl Fredrik Bergström and Dominique Ritleng

Print publication date: 2016

Print ISBN-13: 9780198703235

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198703235.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 June 2021

Judicial Protection for Private Parties in European Commission Rulemaking

Judicial Protection for Private Parties in European Commission Rulemaking

(p.205) 10 Judicial Protection for Private Parties in European Commission Rulemaking
Rulemaking by the European Commission

Maria Bergström

Oxford University Press

This chapter examines the preconditions for private parties to bring direct actions before the Court of Justice of the EU and argues that enhanced opportunities would increase the democratic legitimacy of non-majoritarian institutions such as European Commission. But even if the Lisbon Treaty introduced some relaxed rules for standing for standing these have not been interpreted generously. The remaining questions concern the coherence of the terminology used in Articles 290 and 291 TFEU on the one hand and in Article 263 TFEU on the other. A narrow interpretation of regulatory acts, direct concern, and implementing measures might clash with demands put on the EU legal order by the ECHR and the EU Charter. A wide interpretation would not only increase democratic legitimacy control of European Commission and strengthen judicial protection but it would also meet the demands of the ECHR and the EU Charter.

Keywords:   Article 263 TFEU, judicial protection, private parties, direct action, standing, legislative acts, non-legislative acts, regulatory acts, implementing measures, EU Charter

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .