Judicial review in the European Union: Conclusions and outlook

Alexander H. Türk ()

Chapter 15 in Judicial Review in the European Union, 2025, pp 562-565 from Edward Elgar Publishing

Abstract: This book delves into the complexities of judicial review in Union law. It argues that Union legislation should be regarded as functionally equivalent to national law to ensure effective judicial protection for applicants. Furthermore, despite the Lisbon Treaty's extension of Union courts’ jurisdiction, private parties still face significant challenges in both direct and indirect access to judicial review. This book proposes a legal effects framework, focusing on primary legal effects—by imposing obligations or determining rights—and secondary legal effects. This framework aims to enhance access by clarifying which acts or omissions are reviewable and by enhancing the clarity of legal concepts, such as ‘direct concern,’ which are important for direct and indirect access to judicial review in the Union courts. Ultimately, it attempts to balance the legitimate demands of direct access before the Union courts against the right of effective judicial protection

Keywords: Effective judicial protection; Judicial review; Access of private parties; Multi-level system of governance; Indirect avenues of judicial review (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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