TSR Wiki > Study Help > Subjects and Revision > Revision Notes > Politics > Art 241 - The Plea Of Illegality
Allows applicants to challenge measure they would not have been able to through Art 230. Note that this Art and the above are indirect ways of challenging the validity of a measure by attacking the legal basis on which it is founded. In Simmenthal v Commission it was held that this Art gave the right to challenge the legal basis of a decision of direct and individual concern.
The applicant must still prove (locus standi)
+The grounds for review under Art 241 are the same as those for Art 230.
SUMMARY
- A successful Art 230 action requires:
- a reviewable act
- locus standi
- an application within the time limits
- substantive or procedural illegality on the part of the institution.
- A reviewable act = any act with legal effects that brings about a change in the legal position of the applicant.
- non-privileged applicant rarely have standing against the institutions as the 'individual concern' requirement is often unassailable. The courts are criticised for their restricting approach to this.
- In areas of quasi-judicial determinations by the institutions, (e.g. Competition law), the courts have been more lax in allowing standing so as to ensure the protection of individual rights.
- If someone can bring a challenge under Art 230, the courts will allow them to use Art 234 instead.
Comments
