Document Type

Article

Publication Date

1976

Abstract

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome Treaties establishing the European Atomic Energy Community (EURATOM) and the European Economic Community (EEC, the Common Market) are the only international agreements providing for a judicial tribunal of general compulsory jurisdiction open not only to member states and Community institutions but individual citizens as well. The purpose of this essay is to explore the case law of the Court of Justice of the Communities and the considerations that may have motivated that Court in its effort to define limits on access by individuals seeking judicial review of acts of Community institutions and to inquire whether experience with judicial review of administrative action in a federation may be relevant to the evolution of transnational European administrative law.


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