Die Ex-officio-Prüfung durch die Gemeinschaftsgerichte

The parties concerned determine the scope of the legal examination in legal actions before the European Community courts by submitting specific pleas. The Community courts examine certain pleas in law ex officio only in exceptional cases. Bärbel Sachs describes and analyzes the scope of application, the conditions and modalities of this ex officio examination. She scrutinizes its procedural framework, taking into account the different types of judicial actions. She focuses on setting a benchmark for the system of legal protection provided by the Community courts against the right to an effective judicial remedy and the general objective of implementing Community law.