QUESTION TWO,(it is under assignment criteria) - Essay Example

n sources of community law are: treaties establishing the communities in EU, general principles of administrative law, international agreements of the European Commission, directives, and conventions between the Member States. This paper briefly addresses the judicial review of community acts along with the relevant aspects with regard to the applicability of articles 230 EC, 232 EC and 234 EC. The judicial review of community acts involves susceptibility of the law, which can be challenged either directly through an action for annulment, or indirectly through the plea of illegality or a preliminary ruling on the validity of the act.

In case of article 234 EC, it has been challenged through the preliminary ruling procedure whereas article 230 EC has been challenged through the action for annulment. “Article 234 allows the Court to decide on the validity of any ‘acts of the Institutions of the Community and of the European Central Bank’, while EC Article 230 contains some restrictions, e.g., as to the binding character of the act, or so to the authors of the act.” (Schermers and Waelbroeck, 2001, p. 314) In case of a failure to act, article 232 EC entitles individuals to challenge the failure to adopt a binding act.

Under article 230 EC, Member States and Institutions can challenge all acts of the Institutions including directives. But individuals can only attack the decisions, there is no mention in the act about the possibility of private parties to challenge provisions of a directive. It is notable in this context that the Court of Justice is the only judge of the validity of community law. National courts are not entitled to invalidate any community act. In the interest of legal certainty, it would be preferable if private parties given time limit (two months) to challenge the provision of a directive for effective consequences.

With regard to the applicability of article 230 EC, the purpose of actions for its annulment is to invalidate the binding