Theoretical approach of the main means of appeals in the European procedural law.

Oana M Petrescu

doi:10.1590/0001-3765201520140131

Abstract

Knowledge and understanding the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into account the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in general, the judicial control of the judgments and orders delivered by the General Court and by the Civil Service Tribunal, as a specialized tribunal on civil servant issues, but also the sui generis means of appeals and the extraordinary means of reviews of the judgments and orders. We shall mention that all of them are exercised in accordance with the Rules of Procedure of the European courts and the Statute of the Court of Justice of the European Union. Another aspect to be mentioned is that the judjments of the Court of Justice cannot be challenged to another court, as they remain final and irrevocable.

Highlights

Judicial review represents a significant aspect of any judicial system operating under the rule of law and fundamental rights
At European Union level, the procedural rules governing the disputes brought before the European courts are strictly applied, since the main targets are: to make sure that the European Union law is implemented in the same manner in all the
Individuals and legal entities cannot intervene in the disputes provided for in Articles 258 and 259 TFEU, having as main object the failure of the Member States of the European Union to fulfil an obligation under the Treaties, by lodging an application initiating third-party proceedings even when they have been prejudiced in their rights (Lenaerts et al 2006), for one reason, 41 Article 157 para.1 letter b) of the Rules of Procedure of Court of Justice; Article 167 para.1 letter b) of the Rules of Procedure of General Court; Article 125 para.2 letter b) of the Rules of Procedure of Civil Service Tribunal

Summary

INTRODUCTION

Judicial review represents a significant aspect of any judicial system (national, European or international) operating under the rule of law and fundamental rights. According to European Procedural Law, the appeal represents the mean by which the parties (e.g.: institutions, bodies, organs, agencies and offices of the European Union, Member States, or individuals and legal entities) may request to the Court of Justice or General Court, as the case may be, the cancellation of a judgment or decision, whenever it is consider to be illegal. According to Article 56 paragraph 3 of the Statute of Court of Justice and excepting the cases filed by the European civil servants “an appeal may [invariably] be brought by Member States and institutions of the Union which did not intervene in the proceedings before the General Court [...]” or in the cases when the decisions of the first No instance did not affect them directly, meaning that they become interveners with a view to comply with the European legal order (Gyula 2010, Lenaerts et al 2006). 32 Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovakia and Slovenia joined EU at 1 May 2004; Romania and Bulgaria joined EU at 1 January 2007 and, Croatia joined EU at 1 July 2013

33 For example

Findings

CONCLUSIONS