歐盟人民提起撤銷之訴之研究：以UPA案與Jégo-Quéré案為例

Abstract

The European Community Treaties established a system of judicial review whereby the European Court could control the legality of the acts of the Institutions of the Community. In the Community legal system, private applicants have the right to challenge Community acts under the article 230 (4) EC. The action for annulment, article 230(4) EC, occupies a central position in the system of judicial review and has its origins in annulment proceedings against illegal adminstrative action, as known to the legal systems of all the Member States. But the severe interpretation of the notion of ‘individual concern’ from Article 230 (4) EC by Court of Justice and the restrictions imposed by the Treaty itself on the possibility of challenging Community acts by individuals are criticized as being against the principle of effective judicial protection and leading in many cases to the denial of justice. In 2002, Advocate General Jacobs in his Opinion in Union de Pequenos Agricultores (UPA) contented that the issue at stake in UPA was whether the notion of individual concern laid down in Article 230 (4) needed to be reconsidered. On 3rd of May 2002 the Court of First Instance delivered a judgment in case Jego-Quere & Cie v. Commission. The judgment adopted to a big extent the Opinion delivered by Advocate General Jacobs in case UPA. But the Court of Justice has made it clear to adopt the traditional interpretation of individual concern. Furthermore, it added that, according to the system for judicial review of legality established by the Treaty, a natural or legal person can bring an action challenging a regulation only if it is concerned both directly and individually. The Court of Justice clearly stated that it regards the present Community system of remedies as complete and one guaranteeing the right of effective judicial protection. If any modification of this system was to be attained, the Member States shall act under Article 48 TEU. This message was delivered when the work commenced in the European Convention, which decided to provide a forum for the deliberations in this question. The European Convention set up a Working Group on judicial remedies examined the question whether the currents system of judicial remedies for individuals against acts of the institutions needs to be reformed. Finally, the Convention amendment of the wording of Article 230 (4) EC.