Abstract
This contribution looks at the recent changes in locus standi (standing rights) for individual applicants from the perspective of judicial-regulatory dynamics. Article 263 TFEU significantly widens the standing rules for non-privileged applicants (i.e. those other than Member States or EU institutions and bodies) by adding a new limb stating that if the act appealed against is ‘regulatory’ and ‘does not entail implementing measures’, applicants merely need to demonstrate ‘direct concern’, and do not need to worry about showing ‘individual concern’. Will this new provision allow private litigants to challenge regulations, even when they are legislative acts within the meaning of Article 289(3) TFEU? Recent case law has suggested the impact may not be as great as some commentators were hoping for. This contribution discusses the implications of this case law for regulatory dialogues between institutional actors and stakeholder in EU lawmaking in the wider sense.
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