Access to justice in the community courts: a limited right?

Berry, E. ORCID: 0000-0001-8325-5356 and Boyes, S. ORCID: 0000-0002-3395-7656, 2005. Access to justice in the community courts: a limited right? Civil Justice Quarterly, 24, pp. 224-225. ISSN 0261-9261

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This article examines access to the European Court of Justice under Art.230 EC, relating to judicial review, and submits that the approach to locus standi for natural and legal persons under that article is both inconsistent and inappropriate. It is argued that other avenues of redress are often limited, the European Court of Justice has contradicted its own jurisprudence from other areas, the judicial review process has the potential to reduce the Community's democratic deficit, the jurisprudence is out of step with that of Member States and the approach contravenes rights protected by the Charter of Fundamental Rights of the European Union. The article concludes with proposals for reform of Art.230 EC.

Item Type: Journal article
Publication Title: Civil Justice Quarterly
Creators: Berry, E. and Boyes, S.
Publisher: Sweet & Maxwell/Thompson Reuters
Place of Publication: London
Date: 2005
Volume: 24
ISSN: 0261-9261
Rights: © 2005 Thomson Reuters (Legal) Limited
Divisions: Schools > Nottingham Law School
Record created by: EPrints Services
Date Added: 09 Oct 2015 10:17
Last Modified: 09 Jun 2017 13:24

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