18 October 2022
A Chernobyl Case for our Times
On 10 October 2022, René Repasi, a member of the European Parliament, brought a case against the European Commission before the EU General Court. The key question of the case is procedural: Does an individual MEP have standing to claim before the Court that an EU act has been based on the wrong legal basis, if the choice of legal basis affects an MEP’s participatory rights. If Mr. Repasi succeeds, his case could significantly strengthen the Court’s role in protecting the rights of the minority in the European Parliament. It could introduce a new type of player to EU institutional legal battles – the MEP – and establish a sort of Organstreitverfahren for individual MEPs. Continue reading >>
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18 October 2022
Repasi vs Plaumann
On 10 October 2022 MEP René Repasi lodged an action for annulment against the complementary taxonomy delegated regulation 2022/1214. The same regulation is also challenged by Austria, a privileged applicant under Article 263 TFEU. This post focuses on the issue which MEP Repasi himself has noted is the most innovative of his action, namely the question whether an individual MEP has special legal standing to challenge an act (of the Commission) that affects how that MEP fulfils his parliamentary function. Continue reading >>
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