Private Party Standing and EU Risk Regulation: Expanded Standing Rights in the Public Interest

Standing determines a person's ability to obtain judicial review of a legal act by the government. Judicial review of EU measures, including risk regulatory measures, is an important device to ensure that the rule of law is respected. Even after the changes brought about by the Lisbon Treaty, private parties still have limited standing rights under EU law to challenge EU risk regulations. While they are able to challenge “decisions” addressed to them (or, in some cases, addressed to others), they generally have been unable to claim standing at the European courts to seek review of generally binding rules. These restricted standing rights for private parties have been the subject of debate and criticism, both before and after the changes brought about by the Lisbon Treaty.