Law 2101 Study Guide - Quiz Guide: European Central Bank, Ultra Vires
Document Summary
The rule of law: a legal order should provide for judicial mechanisms to review the legality" of all governmental acts. And this idea should, in some legal orders, include the sanctioning power of the judiciary to order a state to make good damage caused by a public wrong". Modern definition of judicial function includes 3 core powers: power to annul legislative of executive acts, power to remedy public wrongs through governmental liability, power to adjudicate legal disputes between parties. Treaties talk about direct and indirect actions: direct actions: start directly in the european court. Indirect actions: start in the national courts and involve the european court only indirectly in the dispute preliminary reference procedure. The power to un-make" law: to annul an act that was adopted by the legislative or executive branches, this action is described in art. Judicial review for recommendations and opinions is impossible since these have no legal binding force.
