Tuesday, May 7, 2019

QUESTION TWO,(it is under assignment criteria) Essay

QUESTION TWO,(it is under assignment criteria) - Essay Examplen sources of community law are treaties establishing the communities in EU, general principles of administrative law, worldwide agreements of the European Commission, directives, and conventions between the Member States. This paper briefly addresses the judicial review of community acts along with the relevant aspects with regard to the applicability of articles 230 EC, 232 EC and 234 EC.The judicial review of community acts involves susceptibility of the law, which can be gainsayd either directly through an action for annulment, or indirectly through the plea of illegality or a explorative ruling on the validity of the act. In case of article 234 EC, it has been ch eitherenged through the preliminary ruling function whereas article 230 EC has been challenged through the action for annulment. Article 234 allows the Court to decide on the validity of some(prenominal) acts of the Institutions of the Community and of the European Central Bank, while EC Article 230 contains some restrictions, e.g., as to the concealment character of the act, or so to the authors of the act. (Schermers and Waelbroeck, 2001, p. 314)In case of a failure to act, article 232 EC entitles individuals to challenge the failure to adopt a binding act. Under article 230 EC, Member States and Institutions can challenge all acts of the Institutions including directives. But individuals can only attack the decisions, there is no mention in the act well-nigh the possibility of private parties to challenge provisions of a directive. It is notable in this context that the Court of arbitrator is the only judge of the validity of community law. National courts are not entitled to invalidate any community act. In the interest of legal certainty, it would be preferable if private parties given time narrow down (two months) to challenge the provision of a directive for effective consequences.With regard to the applicability of art icle 230 EC, the purpose of actions for its annulment is to invalidate the binding

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