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This paper analyses the General Court’s judgments of 25 June 2025 (RWE and Uniper) regarding the reviewability of ACER regulatory acts. The General Court endorsed a “hybrid approach,” excluding acts of general application from the jurisdiction of the Board of Appeal and subjecting them solely to judicial review under Article 263(4) TFEU. The study highlights how this interpretation creates significant procedural gaps and bureaucratic burdens for private parties. By contrasting these rulings with the more flexible standing criteria recently adopted by the Court of Justice (e.g., Nicoventures Case), the paper argues that the current framework fragments the EU system of judicial protection and undermines the principle of procedural economy in highly technical sectors.
The purpose of this study was to determine the procedural guarantees provided to experts and specialists in the process of collecting and further studying documents as evidence in criminal proceedings. The study revealed that a document in the field of evidence in criminal proceedings can be both material evidence and a direct source of evidence. Thus, the main difference between these concepts is that an expert has the right to conduct an independent investigation, while a specialist has a rather limited function – to apply special knowledge in the course of a criminal investigation. The paper analysed the laws and regulations of Ukraine and the European Union concerning the definition of the rights of an expert and specialist in criminal proceedings, including the collection and use of documents as sources of evidence. The study highlighted the important role that experts and specialists play in ensuring the integrity and reliability of evidence, emphasizing the need for reliable procedural protection of their rights. The practical significance of this study lies in its potential use by researchers for a deeper investigation of the problems of ensuring the procedural rights of experts and specialists in criminal proceedings.
This chapter considers judicial review of the EU Institutions and bodies. Acts are subject to review if there is no formal competence to adopt them; the use of a power for a purpose other than that for which it was granted; a manifest error of assessment; a breach of rights of process; or infringement of the Treaties or any rule of law relating to their application, such as fundamental rights. Privileged applicants – the Member States, Parliament, the Commission and Council – have unlimited standing to challenge a measure. Semi-privileged applicants – the Court of Auditors, European Central Bank and Committee of the Regions – may bring an action to protect their institutional prerogatives. All other parties may only challenge acts addressed to them; regulatory acts which entail no implementing measures and are of direct concern to them; and all other acts which are of direct and individual concern to them. Parties can also sue EU Institutions for damages where three conditions are met: the EU Institution has infringed a rule of law intended to confer rights on them, that breach is sufficiently serious and there is a direct causal link between the breach and the loss sustained.
This article considers some of the challenges which lie ahead for the Court of Justice of the EU in the field of remedies against the EU institutions following the entry into force of the Lisbon Treaty. It examines the evolving role of EU remedies and, in particular, recent decisions of the General Court applying the new standing rules in Article 263(4) TFEU.