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Draft Treaty establishing the European Union

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Draft Treaty establishing the European Union

 

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Article 43 Judicial review

  193

The Community rules governing judicial review shall apply to the Union. They shall be supplemented by an organic law on the basis of the following principles:

  194

extension of the right of action of individuals against acts of the Union adversely affecting them,

  195

equal right of appeal and equal treatment for all the institutions before the Court of Justice,

  196

jurisdiction of the Court for the protection of fundamental rights vis-a-vis the Union,

  197

jurisdiction of the Court to annul an act of the Union within the context of an application for a preliminary ruling or of a plea of illegality,

  198

creation of a right of appeal to the Court against the decisions of national courts of last instance where reference to the Court for a preliminary ruling is refused or where a preliminary ruling of the Court has been disregarded,

  199

jurisdiction of the Court to impose sanctions on a Member State failing to fulfil its obligation under the law of the Union,

  200

compulsory jurisdiction of the Court to rule on any dispute between Member States in connection with the objectives of the Union.

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