Sentences with phrase «locus standi»

For example, there might be a simple counterclaim on a related, or unrelated, matter; or it might be possible to challenge the validity of the right in some way — for registered rights there are usually well defined ways in which this can be done; however, for unregistered rights the terrain is often more uncertain and so more unusual points will often have to be contemplated, (eg, challenging whether or not the claimant exists as a matter of law, and so has a locus standi to bring the proceedings: this last suggestion might seem farfetched, but it has been used successfully on more than one occasion).

The question of who could bring this action was found to be an issue of locus standi.

And I even wonder if I would have a locus standi, as a simple EU citizen.

Contrary to a third - party, an intervener generally seeks locus standi - standing in litigation - to be heard.

I won't comment on locus standi too much here; suffice it to say that the General Court put a rather large cart before a potentially even larger horse by skipping the admissibility issue altogether in the present case and dealing with the substantive issues head on («for the sake of the economy of the procedure»).

In this decision, the CJEU dealt in an interesting way with the eternal question of locus standi requirements for individual applicants.

A perceptive follower of the development of the case - law on access to court and justice in general might have noticed that the less willing the Court of Justice to loosen up the constraints in regard of the locus standi for non-privileged applicants, the more generous it seems to be towards the actual acts which can be amenable to judicial review.

The various stakeholders referred to in s 172 do not have locus standi to bring an action.

It is, however, unclear why the ECJ did not do so, even more so because the issue of locus standi for direct actions is controversial and much commented upon.

The court held that the applicant has no iota of locus standi to bring the action against the AG being that the applicant was not a party to the withdrawn case and not representing the complainant.

An expansive view of locus standi would also diminish the importance of the preliminary reference procedure and thus the role of national courts as gatekeepers in pleas of illegality, because more acts would be subject to direct review by the CJEU.

As is well known, the CJEU has taken a very restrictive stance on the locus standi of non-privileged applicants (that is: individual parties, rather than privileged applicants such as Member States and the EU institutions, as mentioned in the second and third paragraph of article 263 TFEU).

The judicial protection of individuals is greatly enhanced by adopting an expansive view of locus standi.

The CJEU has therefore always taken a restrictive stance on the locus standi of non-privileged applicants, effectively preferring the primacy of the EU legislator over the Court, as well as maintaining the important role of national courts through the preliminary reference procedure.

In part as a response to this criticism, the Member States revised the old article on judicial review by adding a sentence to the paragraph on the locus standi of non-privileged applicants.

It also concerns one of the most contentious issues in EU law: the locus standi of individuals for a direct action for annulment of EU legal acts (see my previous post on the judgment of the General Court).

Since the (negative) Commission decision was addressed only to Germany, the question had arisen whether Switzerland — being a non-member State — could avail itself of the Agreement in order to establish locus standi under the same conditions as the EU Member States (i.e. under Article 230 Paragraph 2, rather than 4, TFEU).

In these two posts, Laurens sets out and compares the reasoning of the General Court, AG Kokott and the CJEU as to how the problem of locus standi for non-privileged applicants in the framework of actions for annulment under Article 263 TFEU should be resolved in the future in light of the Treaty modifications.

In the notice of preliminary objection, the National Assembly (Second defendant / applicant) contended that the plaintiff / respondents lack the requisite locus standi to file the case.

«Finally, to ensure that the preparation of the Appropriation Bill is based on the Medium Term Expenditure Framework, passed by the National Assembly, signed into law by the President and implemented by the Executive arm of government Section 51 of the Fiscal Responsibility Act has specifically clothed every citizen with the necessary locus standi or legal capacity to enforce the provisions of the law by obtaining prerogative orders or other remedies at the Federal High Court, without having to show any special particular interest.»

Those who claim to have a case have no locus standi as they were not party to the initial petition.»

Tsoho, who expressed his doubts about the locus standi of the plaintiff, said, «Nevertheless, the court will consider the merits of the issues raised for determination by the plaintiff.»

Speaking to journalists after the matter came up for mention, the applicant, Nnaji revealed that Chime's sons filed a counter affidavit and notice of preliminary objection insisting that he lacked locus standi to maintain the suit.

Rejecting the contention of Ajibola that the preliminary Objection raised by Governor Aregbesola had no foundation, Justice Ayoola held that the Supreme Court had long classified the issue of locus standi and which must reveal that the interest of the Plaintiff surpass that of other members of the society.

Justice Adedoyin Olayinka Ayoola, in his judgment upheld the preliminary objection filed by the Governor of Osun State challenging the suit on the basis of lack of locus standi by the Plaintiff.

Upholding the preliminary Objection of Governor Aregbesola, the judge declared that where the Plaintiff lacked locus standi to bring the suit, the jurisdiction can not be properly invoked.

A lawyer, who craved anonymity told Vanguard that he was afraid Faleke's case may be thrown out on the ground of lacking «locus standi».

The court similarly held that the issue of locus standi of the Plaintiff must not be the one he shared with other member of the society stressing that the interest he shared in instituting the case must be personal and same was not disclosed in his affidavit.

In a similar vein, the court which upheld the election of Bello ruled that Idris Wada, lacked the locus standi to question the nomination his nomination.

The court held that Faleke's suit lacks locus standi to file petition thus describing him as a meddlesome interlopper.