Taking a complaint to the Court of Justice of the European Union
Individuals who believe they are victims of a government’s failure to respect an EU obligation, or that they have been negatively affected by an EU act or a failure to act, can seek judicial and non-judicial remedies.
Individuals are restricted in the ways in which they can approach the Court with a complaint.
The Treaty of Lisbon, which came into force on 1 December 2009, makes it easier for actions to be brought by individuals against decisions of the EU Institutions, bodies, offices or agencies.
Individuals may bring proceedings against an EU regulatory act if they are directly affected by it and if it does not entail implementing measures; they no longer have to show that they are individually concerned by the act in question.
http://www.parliament.uk/briefing-papers/SN05397.pdf (published on 11 Mar 2010)
4 types of complaint:
- Article 258 Member State- failure to fulfil Treaty obligation
Article 263 EU institution- (il)legality of acts
Article 265 EU institution- failure to act
Article 267 Procedure for Preliminary ruling (also see Article 234)
Article 258:
An individual can lodge a complaint with the Commission against a Member State for any law, regulation, administrative action or practice which they consider incompatible with a provision or a principle of EU law. Complaints must be submitted in writing, by letter, fax or e mail.
The Commission also makes administrative guarantees:
-an assumption of confidentiality and the protection of personal data;
-that it will try to take a decision on the substance of the complaint within twelve months of its registration;
-and to keep the applicant informed about progress on the complaint.
Contact details: Court of Justice of the European Union
http://europa.eu/contact/contact-points ... dex_en.htm
http://europa.eu/europedirect/write_to_us/index_en.htm
Article 263:
Individuals can now challenge a regulatory act if they are directly affected by it- as a means of enforcing individual rights. The proposed remedy should not entail implementing measures (which would be a matter for national courts).
Article 265:
For claims that the European Parliament, European Council or European Commission have acted illegally through lack of competence, infringement of the Treaty or of any law relating to it, or through misuse of powers. An Article 265 action may be brought only after the Institution has been called upon to act under the Treaties.
Article 267:
An individual cannot make a direct reference for a preliminary ruling; it must come from a national court or tribunal, and a question is referred to the CJEU only if a decision on it is considered “necessary” for the national court to give judgment. If there is no further judicial remedy (e.g. appeal or judicial review) in national law against the decision of the court which has the final say on an issue, then that court must refer the matter to the CJEU. The CJEU will act swiftly if the question relates to a person in custody.
example: In Case C‑34/09, REFERENCE for a preliminary ruling under Article 234 EC from the Tribunal du travail de Bruxelles (Belgium), made by decision of 19 December 2008, received at the Court on 26 January 2009, in the proceedings: Gerardo Ruiz Zambrano, v Office national de l’emploi (ONEm),
- Article 234
The Court of Justice shall have jurisdiction to give preliminary rulings concerning:
(a) the interpretation of this Treaty (Treaty establishing the European Community);
(b) the validity and interpretation of acts of the institutions of the Community and of the ECB;
(c) the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide.
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. [via article 267??}
Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.