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Compare articles 230 and 234 EC. What factors make access by individuals to the European judicial system easier via national courts than directly to the court of first instance?
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| Submitted: Mon Jun 19 2006
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COMPARE ARTICLES 230 AND 234 EC.WHAT FACTORS MAKE ACCESS BY INDIVIDUALS TO THE EUROPEAN JUDICIAL SYSTEM EASIER VIA NATIONAL COURTS THAN DIRECTLY TO THE COURT OF FIRST INSTANCE? For the purpose of the judicial review of unlawful EU actions, the main means of direct challenge is Article 230 which will review the legality of acts adopted jointly by the European Parliament and the council, of acts of the council, of the commission and of the ECB, other than the recommendations and opinions and acts of the European Parliament intended to produce legal effects vis-vis third parties. Article 234 is an indirect means to challenge the treaty whereby an individual can go to a national court which there is no judicial redress to and the court upon its own will can decide to refer to the CFI or ECJ for a preliminary ruling on the question. The first factor to examine would be...
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