Università Roma Tre

THE JURISDICTIONS OF THE COURT OF JUSTICE AND THE COURT OF FIRST INSTANCE IN THE INTERPRETATION AND APPLICATION OF TREATY - ARTICLE 220 (EX 164) TEC. THE REVIEW OF THE COURT OF JUSTICE ON THE LEGALITY OF ACTS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL, OF ACTS OF THE COUNCIL, OF THE COMMISSION AND OF THE ECB (OTHER THAN RECOMMENDATIONS AND OPINIONS) AND OF ACTS OF THE EUROPEAN PARLIAMENT INTENDED TO PRODUCE LEGAL EFFECTS VIS-À-VIS THIRD PARTIES - ART 230 (EX 173) TEC. ITS JURISDICTION IN ACTIONS BROUGHT BY A MEMBER STATE, THE COUNCIL OR COMMISSION ON GROUNDS OF LACK OF COMPETENCE, INFRINGEMENT OF AN ESSENTIAL PROCEDURAL REQUIREMENT, INFRINGEMENT OF THIS TREATY OR OF ANY RULE OF LAW RELATING TO ITS APPLICATION, OR MISUSE OF POWERS - ARTICLE 230(2) TEC. ITS JURISDICTION IN ACTIONS BROUGHT BY THE EUROPEAN PARLIAMENT AND BY THE ECB FOR THE PURPOSE OF PROTECTING THEIR PREROGATIVE - ARTICLE 230(3) TEC. THE STANDING OF ANY NATURAL OR LEGAL PERSON IN PROCEEDINGS AGAINST AN ACT ADDRESSED OR DIRECTLY AND INDIVIDUALLY CONCERNING HIM OR HER, AND AGAINST A REGULATORY ACT WHICH IS OF DIRECT CONCERN TO HIM OR HER AND DOES NOT ENTAIL IMPLEMENTING MEASURES - ARTICLE 230(4) TEC. ITS JURISDICTION TO GIVE PRELIMINARY RULINGS CONCERNING: (A) THE INTERPRETATION OF THIS TREATY; (B) THE VALIDITY AND INTERPRETATION OF ACTS OF THE INSTITUTIONS OF THE COMMUNITY AND OF THE ECB; (C) THE INTERPRETATION OF THE STATUTES OF BODIES ESTABLISHED BY AN ACT OF THE COUNCIL, WHERE THOSE STATUTES SO PROVIDE -ARTICLE 234 TEC (EX 177). COURT OF JUSTICE JUDGEMENTS OF VIOLATIONS OF OBLIGATIONS UNDER THE TREATY BY MEMBER - ARTICLE 228 TEC. THE JURISDICTION IN ACTIONS OF NON-CONTRACTUAL LIABILITY OF THE COMMUNITY (ITS INSTITUTIONS OR BY ITS SERVANTS) IN ACCORDANCE WITH THE GENERAL PRINCIPLES COMMON TO MEMBER STATES -ART 288 (EX 215) PARAGRAPH 2 TEC.

DE BURCA, G. AND J. WEILER (EDS), THE EUROPEAN COURT OF JUSTICE, OXFORD UNIVERSITY PRESS, OXFORD, 2001.
DOUGAN, M., NATIONAL REMEDIES BEFORE THE COURT OF JUSTICE, HART PUBLISHING, 2004.
CRAIG, P. AND G. DE BURCA, EU LAW. TEXT, CASES AND MATERIALS, OXFORD UNIVERSITY PRESS, OXFORD, LAST ED.

FURTHER SOURCES AND INTERNET SITES:
JOURNAL ARTICLES ON THE EUROPEAN UNION (AVAILABLE AT THE ROMA TRE LIBRARY)
COMMON MARKET LAW REVIEW (CML REV)
EUROPEAN LAW JOURNAL (ELJ)
EUROPEAN LAW REVIEW (ELR)
JOURNAL OF COMMON MARKET STUDIES (JCMS)
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TEXTS OF THE EC TREATIES AND THE TREATY OF EU:
HTTP://EUROPA.EU.INT/ABC/TREATIES_EN.HTM AT:
TEXT OF THE TREATY-CONSTITUTION AT:
HTTP://EUROPA.EU.INT/CONSTITUTION/INDEX_EN.HTM