Introduction In Les Verts – and a long-standing line of case law thereafter – the Court of Justice of the European Union (CJEU) affirmed that a ‘complete system of remedies’ exists in the European Union…
Introduction The validity of a French administrative act may be challenged through a direct challenge, but also by arguing a “plea of illegality”, in the context of a dispute that does not involve the annulment…
Introduction The Dutch political and constitutional tradition has always been characterized by a limited role of the judiciary when it comes to judicial review of legislation. Article 120 of the Dutch Constitution, for example, prohibits…
Introduction My chapter in the book Indirect Judicial Review in Administrative Law, Legality vs Legal Certainty in Europe is dedicated to the role and function of indirect review of administrative action in Swedish law. Indirect…
Introduction The rules on the finality of judicial decisions serve to strike a balance between two competing imperatives: that of legality, which would hold unlawful decisions to be ideally revocable by an authority or reviewable…