Public Interest Litigation before the European Court of Justice

Abstract

This article explores the question of the role of associations before the European Court of Justice, especially in the context of actions for annulment, as currently regulated by Article 230 al. 4 EC. Although associational standing is in principle excluded under that provision, associations acting in the public interest may, under certain well-specified conditions, intervene before the Court of First Instance or the European Court of Justice, thus contributing – to the extent that these jurisdictions are competent – to the fully deliberative character of the judicial process, and ensuring that the Courts take into account the collective interests such associations seek to represent. Moreover, the current case-law of the European Courts considers that the right of certain organisations to be parties to administrative proceedings may justify according those organisations a right to file an action for the annulment of the act adopted on the basis of those proceedings, which may constitute an important incentive for the creation of associations and their active implication in the political or administrative decision-making process. By examining these different possibilities and how they relate to one another, this article contributes to our understanding of the prospects of public interest litigation before the European Court of Justice.