European Union Law and European Court of Justice Research Paper

European Union Law and European Court of Justice - Research Paper Example As the European Union believes in the principle that there must be harmony and equality of power between both individual entity as well as institutions must exist that why the legal jurisprudence has been changed in such manner. However, there are several such incidents and occasions where, though it is considered that an institution will act neutrally and for the benefit of common citizens, institutions act in a biased manner. Due to this reason, it has become important to introduce judicial protection for the purpose of protecting the fundamental rights of the individuals. While analyzing the constitutional functions of the ECJ Frank Hoffmeister has identified, â€Å"Ensuring access to Court for citizens was identified as the fourth constitutional function. For sure, as with some national Supreme Courts, there is no right to a constitutional complaint against any Community act, including of a legislative nature, allegedly infringing a human right of an EU citizen. Rather, Article 230 (4) of the Treaty allows bringing an action of annulment against a decision addressed to a person or against a decision, which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former.†2 Thus, the aspect of protecting individual rights has been reasserted by such observation and at the same time, it has become one of the major constitutional functions of the European Court of Justice (ECJ). To serve this purpose and protecting rights of individual citizens, they have not only been provided with the access to the European Court of Justice but at the same time with the aim at strengthening position of the Court the Art 230 has been implemented which is aimed at permitting the court to take the right kind of action to annual community acts.