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Sanja Bogojević

Judicial subsidiarity

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Judicial Protection Of Individual Applicants Revisited: Access To Justice Through The Prism Of Judicial Subsidiarity, Sanja Bogojevic Dec 2014

Judicial Protection Of Individual Applicants Revisited: Access To Justice Through The Prism Of Judicial Subsidiarity, Sanja Bogojevic

Sanja Bogojević

Rules on standing hold the power to enable, as well as foreclose, intervention in regulatory processes. As such, they determine whom, and according to which criteria regulatory power may be challenged. This makes standing rules pivotal to any legal system. In the EU context, the Court of Justice of the European Union (CJEU) has, over the years, been much criticised for its narrow interpretation of direct standing rules of individual applicants. Examining recent case law on standing of individual applicants, focusing on jurisprudence concerning mainly EU environmental law, this article sheds new light on this judicial approach, arguing that the …