Individual's access to justice under community law

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Individuals' access to justice under Community law has been an issue of continuing legal debate since the foundation of the European Economic Community although the text of the relevant Treaty articles will have remained unaltered until the slight amendment by the Lisbon Treaty. The research question is, whether Community law provides effective judicial protection to individuals. It covers the interlocking systems of jurisdictions of the European Court of Justice and the national courts of the Member States, as linked through the preliminary reference procedure. This study establishes the following.

Under the EC Treaty, the restrictions of individuals' direct access to the Court of Justice are only partially compensated through Community requirements of access to national courts. This shortcoming is patched by national law e.g. in England and Germany, but not in France.
Community law requires that a remedy be available in national courts whenever a national authority would be competent to enforce a contested piece of Community law. There is thus no justification to transcend the limits of the wording of the EC Treaty by opening direct access to the Court of Justice on the basis of affected interests.

The ambit of this issue would be slightly reduced through the amendments by the Lisbon Treaty, which is prone to being circumvented through legis¬lative choices of form. In relation to acts not covered by the amendment, Union law will continue to require access to the national courts.
Other legislative solutions, e.g. a fundamental rights complaint or public interest litigation would not structurally improve the present system.

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