THE STATUS OF FOREIGN NATURAL AND LEGAL PERSONS IN THE PROCEEDINGS BEFORE THE COURT OF JUSTICE EUROPEAN COMMUNITIES Cover Image

POLOŽAJ STRANIH FIZIČKIH I PRAVNIH LICA U POSTUPKU PRED SUDOM PRAVDE EVROPSKIH ZAJEDNICA
THE STATUS OF FOREIGN NATURAL AND LEGAL PERSONS IN THE PROCEEDINGS BEFORE THE COURT OF JUSTICE EUROPEAN COMMUNITIES

Author(s): Vladimir Medović
Subject(s): Law, Constitution, Jurisprudence
Published by: Удружење за европско право - Центар за право Европске уније
Keywords: foreign natural and legal persons; locus standi; Court of Justice of European Communities; Court of First Instance of European Communities; direct actions; legal proceedings

Summary/Abstract: Judicial system of European Communities provides for full legal protection for the foreign natural and legal persons. In European Community and in European Community for Atomic Energy foreign individuals enjoys same rights as individuals within member states in respect of the capacity to bring an action before the Court of Justice of European Communities. It is only in European Community for Steel and Coal where certain category of actions (art. 33 and art. 35 of the Treaty) are reserved for the producers of coal and steel within European territory of Community. However, as we have seen, this restriction does not have practical consequences for the protection of wrights and interests of foreign undertakings. Position of foreign individuals in the proceedings before the Court of First Instance and the Court of Justice is the same as position of individuals from the member states. Moreover, the adaptation of the proceeding to the resolution of international disputes and composition of these two courts which includes representatives from almost all mayor legal systems gives additional guarantees for the fair trail and just and lawful verdict.

  • Issue Year: 1/1999
  • Issue No: 2-3
  • Page Range: 73-92
  • Page Count: 20
  • Language: Serbian
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