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Les Verts (CJEU) C-294/83

Updated: Jan 8, 2022


Green political party challenges the EP political party funding system

1. Can the EP’s act be revised by ECJ? Because there is no Treaty article that says that it can

→ §25: Theological approach: Yes RULE OF LAW follows from the Treaty so even without a legal base there needs to be JUDICIAL PROTECTION.

→ so yes REVIEW BY ECJ for EP's acts that have consequences for subjects.

2. Does EP have competence to adopt rules on the appointing and reimbursement of campaign expenses?

→ No, at that time still competence of the MS

→ ultra vires, act becomes void (PRINCIPLE OF CONFERRAL)

Principle of conferral
Les Verts

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