Contentieux de la légalité des actes de l'Union européenne. Le mythe du droit à un recours effectif

This book is the result of the PhD defended at the University of Liège in April 2018.

I propose a two-part examination of the right to an effective remedy in litigation concerning the legality of Union acts. The first part describes the origins, foundations and content of this right in the European Union legal order. Following an examination of the texts (and their development) and the case law of the Court of Justice, I come to the intermediate conclusion that the action for annulment of Union acts, provided for by Article 263 of the TFEU, does not make it possible, in the current state of interpretation of its conditions by the Court of Justice, to guarantee the right to an effective remedy of the Union citizen.

In the second part, I then look for the elements that would make it possible to ensure a real control of the legality of Union acts in the complete system of remedies and procedures supposedly put in place by the TFEU. Having analysed the reference for a preliminary ruling, the plea of illegality and the action for non-contractual liability, I consider that these procedures do not provide the necessary judicial protection either.

In those circumstances, I then plan to create a declaratory relief to effectively remedy the shortcomings of the mechanism for monitoring the legality of Union acts. Based on Article 19 TEU, this action would be integrated into national legal remedies.