
Published online:
22 March 2012
Published in print:
29 March 2007
Online ISBN:
9780191695667
Print ISBN:
9780199206865
Contents
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A. Introduction A. Introduction
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B. The Article 234 Validity Mechanism: A Critical Analysis B. The Article 234 Validity Mechanism: A Critical Analysis
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1. Initiatives which have Favoured the Individual 1. Initiatives which have Favoured the Individual
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1.1 Measures Impugnable and Substantive Grounds of Review 1.1 Measures Impugnable and Substantive Grounds of Review
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1.2 Sanctions and Procedural Rules 1.2 Sanctions and Procedural Rules
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(a) FMC (a) FMC
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1.3 Removal of the Requirement for Promulgation of a National Implementing Measure 1.3 Removal of the Requirement for Promulgation of a National Implementing Measure
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2. Problem Areas 2. Problem Areas
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2.1 The Powers of National Judges 2.1 The Powers of National Judges
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2.2 Temporal Effect 2.2 Temporal Effect
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2.3 Efficacy of Substantive Grounds of Review of EC Administrative Law 2.3 Efficacy of Substantive Grounds of Review of EC Administrative Law
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(a) Angelopharm (a) Angelopharm
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2.4 Special Rules by Reference to Subject Matter 2.4 Special Rules by Reference to Subject Matter
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2.5 The Opinion of Former Advocate General Jacobs in UPA: an Overview of Problem Areas 2.5 The Opinion of Former Advocate General Jacobs in UPA: an Overview of Problem Areas
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C. Conclusion C. Conclusion
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Cite
Ward, Angela, 'Article 234 Validity Review', Judicial Review and the Rights of Private Parties in EU Law, 2nd edn, Oxford European Union Law Library (Oxford , 2007; online edn, Oxford Academic, 22 Mar. 2012), https://doi.org/10.1093/acprof:oso/9780199206865.003.0007, accessed 24 Apr. 2025.
Abstract
Article 234 of the European Community Treaty employs a collateral review system, which was procedurally discussed in Article 230 (4). In this kind of system, individuals are granted the right to contest the legitimacy of Community rules when conflicts escalate at the national level. The purpose of the chapter is to provide a summary of strengths and weaknesses of the case law of the European court regarding validity review. Difficulties with the collateral review system are discussed in the chapter as well as the underlying problems that courts and individuals may encounter — scope, period of application, and the jurisdictional reach of remedial orders.
Keywords:
remedial orders, European Court, collateral review, community rules, case law, validity review
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