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Action for annulment of an EU act

Briefing 08-11-2019

An action for annulment is a legal procedure before the Court of Justice that guarantees the conformity of EU legislative acts, regulatory acts and individual acts with the superior rules of the EU legal order. An action can be brought within two months of the publication or notification of the contested measure. Applicants are divided into three categories: privileged, semi-privileged and non-privileged. Privileged applicants – the Member States, Parliament, Commission and Council – may bring an ...

The role of sub-national bodies in EU decision-making has grown. In this regard, significant changes were introduced by the Treaty of Lisbon, which inserted an explicit reference to the sub-national dimension of the subsidiarity principle, and granted the Committee of the Regions the right to bring an action for annulment. While the 'Early Warning Mechanism' for subsidiarity monitoring is primarily concerned with national parliaments, regional parliaments with legislative powers form a separate category ...

On 14 April 2015, the Court of Justice of the EU (CJEU) delivered a judgment on the power of the Commission to withdraw a legislative proposal during the legislative procedure. The Court confirmed, for the first time, that the right of the Commission to withdraw legislative proposals is inseparable from its right of initiative.

On 4 March 2015 the General Court of the EU, in a case brought by the United Kingdom, ruled that the European Central Bank's 'Eurosystem Oversight Policy Framework' is illegal in so far as it requires that 'central counterparties' have to be located within the euro area. The ECB or any Member State may appeal the judgment on a point of law within two months.