Compose a 2500 words essay on The Lisbon Treaty in Article 263 TFEU still has not adequately resolved the issue of access to judicial review of private parties before the CJEU. Critically discuss with reference to the relevant Treaty amendment and caselaw. Needs to be plagiarism free!
A third qualification was added to the original criteria to include an addressee. The Inuit case has been used as a basis for criticisms against the Treaty of Lisbon provisions. Others are of the opinion that reference to non-legislative acts is entirely absent from the provisions of Article 263(4) but preset in Article 290(1).The other case to highlight the inadequacy of the new provision in the Lisbon Treaty is the case Microban International v Eursope Commission. The applicant was involved in the
The changes made by the Treaty of Lisbon are a step in the correct direction but are still insufficient. There still exist gaps since no changes were made regarding private standing on cases where a legislative body was being challenged. Judgment on the case Telephonic v Commission by the CJEU continues to highlight the shortcomings of Article 263 (4) TFEU with the focus being on the third provision of the article which was introduced in the Treaty of Lisbon.
According to Craig, initially, the institution of Article 263 of the Lisbon Treaty, individuals, and countries that were members of the EU had to establish that they had been directly and sufficiently affected by the state’s decision and that the court’s intervention was warranted. This is known as a standing. If the court was able to establish the above criteria, the matter become subject to judicial review. However, fulfillment of the criteria was deemed too restrictive and contradictory in many quarters. One of the main concerns was that the two-test approach was not compatible with some of the basic human rights like accessibility to court. The EU came under fierce criticism particularly because of its claim of being founded on the principles of the rule of law and easy accessibility to a court2.
Article 263 of the Lisbon Treaty TFEU was therefore revised to reflect the changes needed. A third qualification was added to the original
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