[miu_miu]

Hi! I have a formative assessement about judicial review in EU. i've done the reading, but i'm still confused...

the question is: "What are the roles of judicial review in the EU legal order, and to what extent does the Court of Justice adopt different approaches to legal standing where different roles are at issue?"

If the role of j.r. is to ensure that eu institutions do not act in excess of their powers how i can connect it with the second part of the question about standing? Or maybe the role of j.r. is completely different?

i will be really greatful for any suggestion

[jacketpotato]

The role of JR goes a bit beyond ensuring that EU institutions don't act in excess of their powers. It also ensures that they act in accordance with due process, that they act in a proportionate manner and so on. It would be helpful to go through the different grounds of JR in the EU and explain what purpose each has.

The bit about to what extent the CJ adopts different approaches to legal standing is a very different question, I don't think its too connected with the first part. Although, you could certainly make the point that the fact that CJ has taken such a strict approach to standing in Plaumann that it often makes it stupidly difficult for individuals to challenge decisions, thereby undermining the purposes of Judicial Review. You NEED to read the comments of Attorney-General Jacobs in the UPA case, they basically point out why the approach of the CJ is stupid.
The basic answer to this part is that the ECJ are very strict re:standing in most cases when non-privileged applicants want to contest a decision (i.e. not member states or a EU institution, who automatically have standing), this is the Plaumann test. BUT they have adopted a more liberal attitude in certain areas: competition, state aid, dumping.
Craig and de Burca is very good on this.

[miu_miu]

Oh, thank you so much!!!
I've read Craig and de Burca, as well as David o'Keeffe and several others, but no one really focused on the 'role of j.r.'
I simply had a problem with conecting the first part of the question with the second one. now i have some idea how to do that

the word limit is only 1000, so now, when i know what the question seems to be asking, it's going to be easy.

thank again!