Locus standi of privileged and semi-privileged applicants

Alexander H. Türk ()

Chapter 4 in Judicial Review in the European Union, 2025, pp 108-115 from Edward Elgar Publishing

Abstract: The right to bring an action, usually referred to as locus standi, is not the same for all applicants in Article 263 TFEU. Privileged applicants, such as the Member States, the Council, the Commission and the European Parliament, do not face standing restrictions. In contrast, semi-privileged applicants, such as the European Central Bank, the Court of Auditors, and the Committee of the Regions, must demonstrate that the action is intended to protect their prerogatives. The rationale for this privileged position is to protect the legality of the Union's legal order by providing the Union institutions with a judicial mechanism for reviewing Union acts. This Chapter delves into the standing of these applicants. Firstly, it focuses on privileged applicants, highlighting how different institutions are treated. Secondly, it explores the institutional and judicial development of the category of semi-privileged applicants.

Keywords: Right to bring an action; Locus standi; Privileged and semi-privileged applicants; Standing requirements (search for similar items in EconPapers)
Date: 2025
ISBN: 9781783478583
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