Pozycja samorządów lokalnych i regionalnych oraz Komitetu Regionów przed Trybunałem Sprawiedliwości UE a prawo do skutecznego środka prawnego przed sądem
Position of Local and Regional Governments and the Committee of the Regions before the Court of Justice of the EU and the Right to Effective Judicial Remedy

Summary/Abstract: The right to effective judicial remedy protected by Article 47 of the Charter of Fundamental Rights encompasses a right to a hearing. Although local and regional governments are direct addressees of EU law and very often they are directly responsible for the implementation of EU law, their locus standi under Article 263 TFEU situates them among unprivileged applicants. This regulation does not seem sufficient from the standpoint of the right to effective judicial remedy. The Lisbon Treaty included the Committee of the Regions to the group of semi-privileged applicants but this does not mean that it could play the role of intermediary between the local and regional governments and the Court since the Committee can only challenge the legality of secondary EU law where its own prerogatives are impaired. Thus the Lisbon amendment cannot be considered a remedy to the deficit of locus standi suffered by local and regional governments. This contribution deals with this problem and proposes the possible ways of overcoming it – through changes to the present interpretation of the Treaty, alternatively by means of amending the Treaty or amending national law.

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