Reviewable acts

Alexander H. Türk ()

Chapter 3 in Judicial Review in the European Union, 2025, pp 56-107 from Edward Elgar Publishing

Abstract: Article 263(1) TFEU lacks a clear definition of reviewable acts. While case law has expanded their scope by focusing on their substance, the Court's approach remains casuistic, making it challenging to predict with certainty which Union acts are considered as reviewable. This Chapter introduces a conceptual framework of legal effects which allows a more precise assessment of when acts should be considered as legally binding. Consequently, it proposes that measures producing primary legal effects, that is, binding legal effects that arise either directly or indirectly from an act by imposing obligations on and/or by determining rights of a person can be considered reviewable. This framework is subsequently applied to acts that it has been difficult to determine whether they are reviewable or not, providing a comprehensive definition of reviewable acts.

Keywords: Article 263(1); TFEU; Actions for annulment; Reviewable acts; Legally binding acts; Legal effects (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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