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School of Law

TriCON Seminar - The EU System of Judicial Protection: a Tale of Two Legal Revolutions

  • Discussant: Prof. Will Phelan, Dept of Political Science
  • Chair: Dr. Audrey Plan, School of Law
    • Date: Tuesday, 28 January 2025 - 1 pm
    • Venue: School of Law, Room 11, House 39

    The EU System of Judicial Protection: a Tale of Two Legal Revolutions

    Why does the European Union have its own Court of Justice? Why does it have Advocates General but not dissenting opinions? Why is the notion of “individual concern” interpreted so restrictively? Why is the preliminary ruling often employed to challenge national laws that conflict with EU law? Why does the European Commission enjoy broad discretion in launching and pursuing infringement procedures?

    This talk addresses these questions by analyzing the preparatory work of the ECSC and EEC Treaties, alongside several key ECJ judgments from the Foundational Period. It shows that the defining features of the EU system of judicial protection emerged from a shifting balance between the Masters of the Treaties and the ECJ judges, unfolding as a tale of two legal revolutions—one that sparked new hope for individual applicants but was soon followed by a restoration of the drafters’ intent, and another that succeeded in enabling individuals to play a pivotal role in the European integration process.

    TRiCON is supported by the Erasmus+ Programme of the European Union through the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.