The (in)effectiveness of judicial review of European Union acts: the example of environmental law

In an unusual move for an international organisation, EU law expressly provides for the possibility for an individual – natural or legal person – to challenge the validity of an act before a court. This action, called ‘action for annulment’, is governed by Article 263 TFEU. Its conditions of admissibility are, however, interpreted in a very restrictive way. This poses a problem in terms of effective jurisdictional protection which is a requirement of EU law, where the review of legality is an essential element of the rule of law. Environmental protection offers a particular illustration of the tension between the affirmation of a principle and its implementation.