Article 263 Tfeu The Accessibility Of Judicial Review...

This essay will explore the changes that Article 263 TFEU has had to the accessibility of judicial review before the CJEU as well as assessing whether the reforms introduced were sufficient enough in improving a private parties ability to bring government decisions under scrutiny. In addition, the judgments of the Court in Inuit and Microban will be considered. This essay will analyse present criticisms of the definition set out in the two cases and the overall effect of the new article. Private parties who feel affected by decisions of government that have been reached at EU or national level are entitled to make a case against the state in a Claim for Judicial Review (CJR) proceeding. However before this process can take place the court must be content that the claimant has satisfied a certain criteria, in a process known as standing. If the court grants standing to the private party, then the government decision being challenged may be subject to judicial review. Article 263 TFEU Before the Treaty of Lisbon (ToL) reforms, the rules on requiring standing have been restrictive in cases where the claimant isn t being specifically addressed by the measure in question. An individual would be required to establish ‘direct and individual concern’ to challenge any EU acts not addressed to them. This has created a large barrier to private parties who are affected by government measures, but who are not specifically mentioned in the government/EU measures. Despite criticism of