The annullment action in European Union Law
2010
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Danışman: Prof. Dr. Meltem Kutlu Gürsel
Özet (EN)
The European Union has considerable powers granted by treaties and the annullment action has a major influence on the development of the EU Law by ensuring a proper and legal exercise of these powers. The Court of Justice of the European Union which comprises three jurisdictions, those of the Court of Justice, General Court and Civil Service Tribunal, has the power to review the legality of certain acts of Union when an annullment action is lodged by the privileged, semi-privileged or non-privileged applicants, on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the Treaties or of any rule of law relating to its application, or misuse of powers within two months of the publication of the measure, or of its notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge of the latter.The effect of an annullment is that an act is void from its very beginning (ex tunc) and it can be relied upon by everybody, not only the parties to the proceedings (erga omnes). It is possible to quash not only the entire act but also its provisions. The institutions, bodies, offices or agencies of the Union whose act has been declared void, should take the necessary measures to comply with the judgement of the Court.Key Words: European Union Law, annullment action, Judicial Review in the European Union
Yazar
Seran Karatarı Köstü
Bu Yayına Nasıl Atıf Yapılır
Seran Karatarı Köstü (Master Thesis). The annullment action in European Union Law, 2010, Dokuz Eylül University.
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