Incidental review

Alexander H. Türk ()

Chapter 12 in Judicial Review in the European Union, 2025, pp 417-461 from Edward Elgar Publishing

Abstract: Although private parties cannot easily challenge acts of general application, remedies for indirect challenges are still available. Article 277 TFEU provides for an indirect remedy where the main action is brought before the Union courts against acts adopted by Union institutions, while Article 267 TFEU allows national courts to ask the Court of Justice to review the validity of a Union act where the main action is brought before the national court against an act adopted by a national authority. This Chapter evaluates avenues for indirect review, providing an in-depth analysis of their complexities. Moreover, while the precise scope of the legal effects of a Union act that can be reviewed under either provision remains unclear, this Chapter proposes that all primary acts producing secondary legal effects for private parties can be subject to review under both provisions.

Keywords: Article 277 TFEU; Article 267 TFEU; Indirect review of Union acts; Plea of illegality; Validity of an act (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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