Les Verts (CJEU) C-294/83

Updated: Jan 8


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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