Article 173, Locus Standi, and the Effects on the Development of Administrative Law in the European Community
This paper will discuss the rules of locus standi (standing) provided for by Article 173 of the European Economic Treaty (EC Treaty), as it was amended by the Treaty on European Union (TEU). The discussion will examine the rules themselves as they were enacted in the Article and will examine how they have been interpreted by the Court of Justice. The discussion will also include a brief look at the other relevant provisions concerning standing in the Treaty, especially Article 184, which concerns the challenge of regulations enacted by Community institutions. The paper will then discuss how these rules have affected the ability of the Community to develop a coherent body of administrative law.
The main Community institutions which are affected by Article 173 are the Council of the European Communities, the Commission of the European Community, and the European Parliament. These three institutions constitute the primary lawmaking bodies in the Community (excluding the member states themselves) and are responsible for promulgating administrative law in the Community. The ability of these institutions to challenge measures promulgated by each other presents the real problem for the development of a coherent body of administrative law in the Community, as will be seen by the end of the paper.
The rules of locus standi under the EEC Treaty are rather broad. Because the Treaty deals mainly with the relations between countries, most of the rules of standing concern the status of member states and the various institutions of the Community. As will be seen below, most of the rules provide standing for states and institutions with regard to the acts and omissions of other states and institutions. The two most important rules, however, provide limited standing to private and legal persons with regard to the acts and re...