Judicial review in EU law
By: Alexander H. Türk.
Series: Elgar European law; Elgar European law
Publisher: Edward Elgar
Published: 2009
Place of publication: Cheltenham, UK; Northampton, MA
Language: eng
Number of pages: 354
ISBN-13: 9781845422035
Subjects: Judicial review -- European Union countries
Other titles: Judicial review in European Union law
Description: Judicial review constitutes an important aspect of any legal system operating under the rule of law. This book provides a comprehensive account of judicial review in EU law by assessing the vast and complex case-law of the European Court of Justice (ECJ) in this area and the academic opinion which has accompanied its rulings over the years. It questions the prevalent view in academic literature that the Court's restrictive approach to allowing individuals direct access to the Community Courts, in case of a challenge against normative acts, amounts to a denial of an effective remedy. The author argues that the emerging constitutional nature of the European Union and its federal structure requires a more balanced view. While it will improve direct access for individuals to the Union's judiciary, the Lisbon Treaty will not radically alter the system of judicial review in the European Union.
Notes: Includes bibliographical references (p. 330-337) and index.