Judicial Review in the European Union by Alexander H. Türk ISBN 9781783478583, 9781783478590, 9781035369416, 1783478586, 1783478594, 1035369419 instant download

Judicial Review in the European Union by Alexander H. Türk ISBN 9781783478583, 9781783478590, 9781035369416, 1783478586, 1783478594, 1035369419 instant download

This study aims to provide an assessment of the Union’s legal system for judicial review of Union acts and activities by focusing on the various avenues of judicial review. It will, in particular, discuss the changes brought about by the Lisbon Treaty, not least because some of the changes held out the promise of allowing the Court to develop a more effective system of judicial protection. Before turning to the various direct and indirect mechanisms for judicial review, this section will first discuss a number of aspects that are fundamental to the study of these mechanisms. It will first explore the functions of judicial review in the Union’s legal system by considering the evolution of those functions and the context in which they are exercised. It will then assess the arguments for a more centralised or, as seems that Court’s preference, for a more decentralised model of judicial review and the role that the right to effective judicial protection plays in this debate. It will argue that judicial review of Union acts should be exercised in an integrated system that requires the Court of Justice and the national courts to exercise their respective functions in a shared judicial space and will set out the consequences of such an integrated judicial architecture. Final consideration is then given to the concept of legal effects that plays a pivotal role in the determination of the engagement of the Union courts.

---