From Plaumann, Through UPA and Jégo-Quéré, to the Lisbon Treaty: The Locus Standi of Private Applicants Under Article 230(4) EC Through a Political Lens

Posted: 24 Jan 2010

Date Written: January 21, 2010

Abstract

The current rules of standing for non-privileged applicants under Article 230(4) EC are at the core of an ongoing debate because of the restrictive interpretation given to these rules by the European Court of Justice. This paper reviews the locus standi conditions for private applicants, the fundamental case law on this issue and the failed attempts to reform the current system. Furthermore, building upon the conceptual framework of rational-choice and historical institutionalism, the paper presents possible explanations for the reluctance of the ECJ to substantially reform its restrictive approach to locus standi.

Keywords: action for annulment, locus standi, rational-choice institutionalism, historical institutionalism

JEL Classification: K33, K41

Suggested Citation

Eliantonio, M., From Plaumann, Through UPA and Jégo-Quéré, to the Lisbon Treaty: The Locus Standi of Private Applicants Under Article 230(4) EC Through a Political Lens (January 21, 2010). Maastricht Faculty of Law Working Paper , Vol. 5, No. 13, 2009, Available at SSRN: https://ssrn.com/abstract=1539997

M. Eliantonio (Contact Author)

Maastricht Center for European Law ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

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