{"title":"欧洲法院允许第三国挑战欧盟的限制措施","authors":"L. Lonardo, Elisabet Ruiz Cairó","doi":"10.1017/S1574019622000025","DOIUrl":null,"url":null,"abstract":"In Venezuela v Council (Venezuela), the Grand Chamber of the Court of Justice of the European Union made a pronouncement on a procedural point: it held that Venezuela had locus standi to challenge restrictive measures adopted by the European Union (EU). This conclusion was based on the finding that a third country is a legal person for the purposes of the fourth paragraph of Article 263 TFEU.1 The judgment contributes to defining the autonomous EU constitutional space with regard to international law. In the light of the reasoning to justify such a decision, and of its likely consequences, this ruling is an expression of constitutional maturity: it sends the signal that the EU is confident in the robustness of its legal order to the extent that it is not afraid to permit challenges to its measures","PeriodicalId":45815,"journal":{"name":"European Constitutional Law Review","volume":"18 1","pages":"114 - 131"},"PeriodicalIF":1.6000,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The European Court of Justice Allows Third Countries to Challenge EU Restrictive Measures\",\"authors\":\"L. Lonardo, Elisabet Ruiz Cairó\",\"doi\":\"10.1017/S1574019622000025\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In Venezuela v Council (Venezuela), the Grand Chamber of the Court of Justice of the European Union made a pronouncement on a procedural point: it held that Venezuela had locus standi to challenge restrictive measures adopted by the European Union (EU). This conclusion was based on the finding that a third country is a legal person for the purposes of the fourth paragraph of Article 263 TFEU.1 The judgment contributes to defining the autonomous EU constitutional space with regard to international law. In the light of the reasoning to justify such a decision, and of its likely consequences, this ruling is an expression of constitutional maturity: it sends the signal that the EU is confident in the robustness of its legal order to the extent that it is not afraid to permit challenges to its measures\",\"PeriodicalId\":45815,\"journal\":{\"name\":\"European Constitutional Law Review\",\"volume\":\"18 1\",\"pages\":\"114 - 131\"},\"PeriodicalIF\":1.6000,\"publicationDate\":\"2022-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Constitutional Law Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1017/S1574019622000025\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Constitutional Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/S1574019622000025","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
The European Court of Justice Allows Third Countries to Challenge EU Restrictive Measures
In Venezuela v Council (Venezuela), the Grand Chamber of the Court of Justice of the European Union made a pronouncement on a procedural point: it held that Venezuela had locus standi to challenge restrictive measures adopted by the European Union (EU). This conclusion was based on the finding that a third country is a legal person for the purposes of the fourth paragraph of Article 263 TFEU.1 The judgment contributes to defining the autonomous EU constitutional space with regard to international law. In the light of the reasoning to justify such a decision, and of its likely consequences, this ruling is an expression of constitutional maturity: it sends the signal that the EU is confident in the robustness of its legal order to the extent that it is not afraid to permit challenges to its measures
期刊介绍:
The European Constitutional Law Review (EuConst), a peer reviewed English language journal, is a platform for advancing the study of European constitutional law, its history and evolution. Its scope is European law and constitutional law, history and theory, comparative law and jurisprudence. Published triannually, it contains articles on doctrine, scholarship and history, plus jurisprudence and book reviews. However, the premier issue includes more than twenty short articles by leading experts, each addressing a single topic in the Draft Constitutional Treaty for Europe. EuConst is addressed at academics, professionals, politicians and others involved or interested in the European constitutional process.