Europees recht – Les Verts

Facts

The party Les Verts (the Green Party) has constituted a wide range of rules. These rules are sufficient and require no implementing provisions. This is because the calculation of the share of the appropriations to be granted to each of the practical groupings is automatic and leaves no room for discretion. Because of this, the system was unfair in distribution against newer parties.

Legal question

The question in this case is if the Court has jurisdiction to rule on an action for annulment on the basis of Article 173 EEC Treaty against measures adopted by the European Parliament? In other words, is it possible that a declaration of the European Parliament could be reviewed?

In other words, the State cannot benefit from its own failure to implement the directive against an individual who is seeking to enforce a claim under that directive. In conclusion, Mrs. Marshall may rely upon the provisions of the directive before the national court.

Rule of law

A declaration of the European Parliament waiving the rights and immunities of one of its members was not capable of being reviewed (p. 23). If there are measures that are adopted by organs of the EP, they can be considered as measures adopted by the EP itself. A private applicant is concerned when the private applicant has a direct concern to the measures. The measures must constitute a complete set of rules which are sufficient in themselves and must not require implementing provisions. According to art. 173 EEC Treaty, the CJEC is allowed to review the legality of measures adopted by all the institutions. Because of that, it is a provision of general application.