Prejudicinis sprendimas dėl Europos Sąjungos teisės akto galiojimo

Abstract

The subject matter of this research is preliminary ruling procedure on the validity of an act, adopted by an EU institution, which is analysed within the context of the system of judicial review procedures, entrenched in the TFEU and enabling the EU courts to perform the review of the EU acts. The objective of this research is to evaluate the effectiveness of this indirect review procedure from the point of view of the protection of rights of private persons. The first part defines the system of the judicial review of the EU legal acts, reveals the causes of its formation and the objectives raised for it. The second part addresses essential aspects of the functioning of the preliminary ruling procedure (subjects entitled to refer; reviewable acts; grounds of review and their content; limits of judicial review and the effects of illegality). The third part continues with the assessment of the effectiveness of the preliminary ruling procedure. For the purpose of assessment first of all the standard of evaluation is defined – the content of the right to access the court and right to an effective remedy in national law, jurisprudence of the EU courts and the ECHR. Afterwards the critics of scholars and representatives of the EU courts concerning preliminary reference is addressed, the gaps of judicial protection of private persons identified and possibilities of their elimination assessed.