Citizens and Community Law: The Use by Elites of Judicial Remedy before EU Courts
Costa, Olivier
Citizens and Community Law: The Use by Elites of Judicial Remedy before EU Courts - 2002.
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In the light of the specific nature of the political system in the European Union, it is tempting to point out the composite, non-republican nature of European citizenship, which is in part based on the individuals being allowed to defend their interests before the European Court of Justice, or to use this means to place pressure on the Union?s policies. It is nevertheless important not to over-emphasize the importance of this "judicial" aspect of European citizenship. By analyzing the practical use made of this judicial recourse, we can see that there are strong asymmetries with regard to access to Community courts for natural persons and legal entities, depending on their nationality, their activities, their resources, and their level of legal expertise. Judges in particular have placed highly restrictive conditions on citizens? access to "European governance" through the legal system. In the current state of jurisprudence, appeals to the ECJ are therefore not able to compensate for the weakness of mechanisms for citizen participation at the EU level.
Citizens and Community Law: The Use by Elites of Judicial Remedy before EU Courts - 2002.
34
In the light of the specific nature of the political system in the European Union, it is tempting to point out the composite, non-republican nature of European citizenship, which is in part based on the individuals being allowed to defend their interests before the European Court of Justice, or to use this means to place pressure on the Union?s policies. It is nevertheless important not to over-emphasize the importance of this "judicial" aspect of European citizenship. By analyzing the practical use made of this judicial recourse, we can see that there are strong asymmetries with regard to access to Community courts for natural persons and legal entities, depending on their nationality, their activities, their resources, and their level of legal expertise. Judges in particular have placed highly restrictive conditions on citizens? access to "European governance" through the legal system. In the current state of jurisprudence, appeals to the ECJ are therefore not able to compensate for the weakness of mechanisms for citizen participation at the EU level.
Réseaux sociaux