Traduction de «Former un recours pour excès de pouvoir » (Français → Anglais) :

Moreover, the procedure in which an application for international protection is examined should normally provide an applicant at least with the right to stay pending a final decision by the determining authority and, in the case of a negative decision, the time necessary for seeking a judicial remedy, and for so long as a competent court or tribunal so authorises , access to the services of an interpreter for submitting his/her case if interviewed by the authorities, the opportunity to communicate with a representative of the United Nations High Commissioner for Refugees (UNHCR) and with organizations providing advic ...[+++]e or counselling to applicants for international protection, the right to appropriate notification of a decision, a motivation of that decision in fact and in law, the opportunity to consult a legal advisor or other counsellor, and the right to be informed of his/her legal position at decisive moments in the course of the procedure, in a language he/she understands or may reasonably be supposed to understand and, in the case of a negative decision, the right to an effective remedy before a court or tribunal.

RECALLING that, to guarantee effective exercise of their rights, any person irrespective of nationality is able to lodge a complaint before an independent data protection authority, other similar authority, or independent and impartial court or tribunal, to seek effective remedies.

At all events, any decision not to grant approval could be appealed against on grounds of ultra vires before the administrative courts, which would give judgment in the light of the grounds for such refusal.

1.28 welcomes the granting to the Committee of the Regions of the right to institute proceedings before the Court of Justice to defend its prerogatives and for infringement of the subsidiarity principle; [Article III-365]; regrets, however, that the IGC did not give the regions with legislative powers the option to institute proceedings before the Court of Justice in order to defend their legislative powers;

The wording (‘any person in the territory of a Member State’) suggests that the complainant must be physically on the territory to bring his action before courts.

Undertakings or associations referred to in Article 48 may, under the same conditions, institute proceedings against decisions or recommendations concerning them which are individual in character or against general decisions or recommendations which they consider to involve a misuse of powers affecting them.