| Abstract [eng] |
The subject matter of this Dissertation is the access of private applicants to the European Court of Justice challenging legal acts of the European Union, therefore, it embraces a comprehensive analysis of action for annulment (Article 263 TFEU, Article ex 230 EC), as well as alternative instruments of judicial review, including the preliminary ruling procedure (Article 267 TFEU, Article ex 234 EC). The topic of locus standi of private persons has attracted much attention among foreign scholars and legal practitioners. However, this Dissertation distinguishes itself from the rest of academic works, as it aims to broaden the analysis of the research question, not limiting itself to assessment of direct actions and the current situation, but also address the justification of existing practice and the soundness of available alternatives. The Dissertation pays attention not only to the case law of the European Court of Justice and the related academic studies, but also to the questions of legal theory, findings of political sciences and comparative analysis of relevant national practices. Since this Dissertation was prepared at the crossroads of unprecedented constitutional reforms, it analyses both the situation prior to and after the Lisbon Treaty and evaluates the effects of the current reform. The Dissertation also seeks to assess whether the current practice ensures the right to effective judicial protections and how the situation could be improved. |
