A Study On Anti-subsidies Judicia Review Of The European Union

The judicial review system of countervailing is a basic relief system which is for countervailing investigation and rulings. The WTO Agreement on Subsidies and Countervailing Measures has put forward explicit view for its members to establish and gradually improve the system of anti-subsidies judicial review in their domestic legislation in Article23. After years of jurisprudence and judicial practice of enriching, the judicial review system of countervailing in European Union today has well-established and mature, and it can be viewed as the direct reference in China.Addition to the introduction and conclusion, there are six chapters in this paper。In the first chapter, it introduces the concept of judicial review of countervailing, describes the relevant legislative provisions in the European Union in the macroscopic level, analyses the legitimacy of European Union to establish this system and finally elaborates the connection between European Union’s judicial review system of countervailing and the WTO dispute settlement mechanism. In the second to the fourth chapter, it focuses on the subject, the scope of accepting cases of judicial review and the examination standards of European Union’s judicial review system respectively. It lays its stress on the proper plaintiff to suit precondition and specific types of plaintiffs, the matters which can bring judicial review of countervailing, the Court’s attitude on the discretion of European Union’s administrative bodies and the specific review criteria took by the court. The issue of subject, scope and review criteria of judicial review are the heart of European Union’s judicial review system, so we combine case analysis to carry in-depth study on the European Union in the area of anti-subsidies judicial review system, at the same time, we compare the European Union’s regulations to WTO rules and to that of American’s.The fifth chapter describes four types of proceedings for stakeholder to lodge a complaint in the European Union. They are:action for annulment, action for fail to act, action for damages and preliminary rulings. This part is a specific content of the European Union in the field of anti-subsidies judicial review. The sixth chapter is about "China’s countervailing judicial review system and its perfection". Although anti-subsidy system of judicial review has been established initially in China, it is flawed, such as the low level of legislation, the narrow scope of hearing cases and the strict review criteria. I hereby suggest that we should perfect the countervailing judicial review system, according to the requirements of WTO rules and taking for reference the European Union’s experience, in order to adapt to the needs of the development of China’s external trade.