European Union Law, Final Referred Course Work Essay

European Union Law, Final Referred Course Work - Essay Example However, Article 230 names the Member States, the Council, the European Parliament and the Commission as privileged applicants, who have the right to attack any act. It further names the Court of Auditors and the European Central Bank as institutions who may invoke Article 230 as a matter of course but only to protect their own prerogative powers. All other persons are termed non-privileged applicants. The focus of this paper is to critically evaluate the Community approach to determining locus standi of individuals as non-privileged applicants against to challenge the validity of Regulations in particular. As mentioned above, the Article 230 method of challenge hinges on the Community act being amenable to review. In the case of Parti Ecologiste ‘Les Verts V. Parliament2 it was held that â€Å"Article 230 (ex173) †¦ makes a direct action available against â€Å"all measures adopted by institutions†¦ which are intended to have legal effects†3. Furthermore, the relevant piece of Community legislation must have legal effects and satisfy the requirement of being a â€Å"reviewable act† to be amenable to challenge under Article 230. For example, in the case of Cimenteries v Commission4 it was reiterated that measures which create legal effects are subject to review under Article 230. Additionally, in the case of Parliament v Council5 it was held that an act must be implemented by one of the Community institutions in order to be amenable to review under Article 230. Moreover, in the case of Commission v BASF6 it was held that â€Å"acts tainted by an irregularity whose gravity is so obvious that it cannot be tolerated by the Community legal order†7 will be subject to review under Article 230. Any party seeking a review under Article 230 must have locus standi and national governments will have privileged application locus standi and can challenge any measures adopted by