ABSTRACT

European Community law confers rights upon individuals which are enforceable against both the state and individuals. Consequently, where any judicial review proceedings involve a matter of Community law, this legal order comes into play. Since judicial review is concerned with the rights of the individual as against public bodies, this chapter will concentrate on the rights of the individual against the state. As the European Coal and Steel Community (ECSC) and European Atomic Energy (Euratom) Treaties are confined to the specific areas of coal and steel and atomic energy, this chapter will focus on the law arising under the European Community Treaty (EC Treaty) as amended by the Single European Act and the Treaty on European Union (TEU). All references in this chapter to Articles refer to the EC Treaty unless otherwise stated.