The Standing of Non-Privileged Applicants under Article 230(4) TEC - From legal rights to the legal rights -
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This article concerns the standing issue of Article 230 Treaty establishing the European Community (“TEC”). It specifically focuses on the requirements of non‐privileged applicants under the paragraph 4 of the Article 230, by way of analysing the reasoning of the ECJ on the standing. There are three observations to be presented from the analysis. First, although the reasoning of the ECJ is apparently inconsistent on the issue, it seems inevitable if the ECJ has to consider the hybrid nature of the EC and its transitional character. Secondly and simultaneously, the inconsistency around the standing must be reduced should the European Community recognize itself as a community based on the rule of law. Thirdly, one plausible way to improve the consistency is more careful productions of Community legislations, in the sense that the Commission (or Council) needs to adjust the form of legislative measures to its material effect. Based on the above prospects, this article has interpreted the four requirements in the Article 230(4) in graphic detail, reflecting the relevant amendments of the Reform Treaty 2007.
Abstract
This article concerns the standing issue of Article 230 Treaty establishing the European Community (“TEC”). It specifically focuses on the requirements of non‐privileged applicants under the paragraph 4 of the Article 230, by way of analysing the reasoning of the ECJ on the standing. There are three observations to be presented from the analysis. First, although the reasoning of the ECJ is apparently inconsistent on the issue, it seems inevitable if the ECJ has to consider the hybrid nature of the EC and its transitional character. Secondly and simultaneously, the inconsistency around the standing must be reduced should the European Community recognize itself as a community based on the rule of law. Thirdly, one plausible way to improve the consistency is more careful productions of Community legislations, in the sense that the Commission (or Council) needs to adjust the form of legislative measures to its material effect. Based on the above prospects, this article has interpreted the four requirements in the Article 230(4) in graphic detail, reflecting the relevant amendments of the Reform Treaty 2007.
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