Locus Standi of Representative Groups in the Shadow of Plaumann: Limitations and Possible Solutions

Kombos, Costas (2006) Locus Standi of Representative Groups in the Shadow of Plaumann: Limitations and Possible Solutions. Acta Juridica Hungarica, 47 (4). pp. 373-404. ISSN 1216-2574

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Abstract

Thepurpose of this paper is to examine the state of the law in relation to the locusstandi of representative groups at the Union level. The paper has a dualthematic task: the assessment of the degree in which representative groups andtheir standing to challenge the validity of legislative measures can bedifferentiated from the Plaumann criterion and the identification of strategiesthat can improve the chances of interest groups to challenge under Art. 230 EC.The thesis adopted in response states that regrettably the ECJ's interpretation of the requirement of individual concern has been applied to representativegroups. After examining the jurisprudence in different areas and from theperspective of the arguments used by representative groups in order to bypassPlaumann, there does not seem to be any clear thematic or argumentativetypology that influences the ECJ. The only important element that could make adifference is the existence of documented participation by the representativebody that creates procedural rights. It is in this respect that the removal ofthe individual concern shadow can be achieved, namely through representativegroups being effective at what they are designed to do: lobbying. Therefore,the key to strengthening the standing claim is enhanced and certifiedparticipation.

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