##plugins.themes.bootstrap3.article.main##

Matthijs van Wolferen

Abstract

The Court of Justice of the European Union (CJEU) has refused to allow direct actions as a possible solution for the protection of rights that are not individualisable through public interest litigation. For 53 years it has held on to its interpretation of the standing criteria in (now) Article 263 TFEU, severely limiting access to justice for all but the most specific of cases. The criticism of this interpretation has been copious and strong, newly invigorated in recent years by arguments on the rule of law. This article aims not to add to the criticism but to offer a compelling explanation of the 'why' behind the Court's reasoning. By making use of a framework that addresses a supreme court's interpretative limits regarding locus standi, this article will not only shed light on the past but equally explain why the Court has chosen to reject public interest litigation, in a manner that might otherwise seem counter-intuitive.

##plugins.themes.bootstrap3.article.details##

Keywords
CJEU; Public Interest Litigation; Judicial Relations; Standing; Access to Justice
Section
Research Articles
Article Copyright
Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Material published in the JCER is done so under a CC BY-NC-ND 4.0 licence, with copyright remaining with the author.
  • Articles published online in the JCER cannot be published in another journal without explicit approval of the JCER editor.
  • Authors can 'self-archive' their articles in digital form on their personal homepages, funder repositories or their institutions' archives provided that they link back to the original source on the JCER website. Authors can archive pre-print, post-print or the publisher's version of their work.
  • Authors agree that submitted articles to the JCER will be submitted to various abstracting, indexing and archiving services as selected by the JCER.
Further information about archiving and copyright are contained within the JCER Open Access Policy.