The Control of Legality in Community Law through the Action for Annulment (EU) and the Action for Nullity (CAN)

Abstract

This paper reviews relevant case law developments concerning the main mechanisms for ensuring legality at the community level, both within the European Union (EU) and the Andean Community of Nations (CAN). The analysis begins by examining case law on the understanding of the founding treaties as constitutions in the substantive sense. Subsequently, it reviews case law on the scope of challengeable acts, standing to sue, and grounds for challenging actions, emphasizing relevant trends such as the increased flexibility in the interpretation of acts subject to challenge and the opening up to private participation. The case law analysis is complemented by a review of legal scholarship and positive law, based on the premise that the study of legality control within the community legal order is essential for a full understanding of integration processes as communities governed by the rule of law.