Legitimación de las asociaciones constituidas para promoverlos intereses colectivos de una categoría de justiciables ante el Tribunal de Justicia y el Tribunal de Primera Instancia.
This paper attempts to assess the conditions which apply to the access of associations to the Community Courts (Court of Justice and Court of First Instance) by means of an action for annulment (art. 230 EC). In the first place, the paper focuses on the justification of the locus standi of associati...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Centro de Estudios Políticos y Constitucionales
2006
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=2213777 |
| Source: | Revista de Derecho Comunitario Europeo, ISSN 1138-4026, Año nº 10, Nº 25, 2006, pags. 757-797 |
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| Summary: |
This paper attempts to assess the conditions which apply to the access of associations to the Community Courts (Court of Justice and Court of First Instance) by means of an action for annulment (art. 230 EC). In the first place, the paper focuses on the justification of the locus standi of associations which represent the common general interest of its members. This issue is followed by the examination of the concrete criteria which apply to the locus standi of associations. The main criteria was established in the Confédération Nationale case. According to the latter, associations are denied access in order to defend the general interests of its members: however this, associations have access to the community Courts if their members are
directly and individually concerned by the litigious act. Progressively, the European courts have introduced two complementary criteria regarding the locus standi of associations according to which it is admitted that in certain circumstances associations
have standing to sue normative community acts when they defend the general interests of the group they represent as well. The application of the referred criteria entails that associations as such have a right of access where the attacked measure has been adopted in the areas of dumping, anti-subsidies, state aids or competition. The study shows that only associations which behave in those areas have a chance of having locus standi. NGOS, unions and even political groups have had severe problems in acceding to the European tribunals. In the end this turns the European institutions immune to collective action. |
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