Individual Rights in Eu Law

ISBN-13: 9783319327709 / Angielski / Twarda / 2016 / 395 str.

Bjarte Thorson

Opis

On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts' `rights language' in light of the overall aim of European integration.

Spis treści

Part I: Introduction: The topic "Individual rights in European Union law".- Individual rights in the EU law: General sub-topics and issues.- A study of the notion of EU law rights: Plan and methodology.- Genesis of the European Union law right.- Part II: Rights and their application: Overview: Implementation an, interpretation and application of rules that grant individual rights.- National implementation of directives that entail the grant of individual rights.- Interpretation of provisions that grant individual rights.- Application of norms that grant rights.- Summary of part two: Implementation, interpretation and application of norms that grant rights.- Part III: Rights and their protection: Overview: Rights and remedies.- Primary remedies.- Secondary rights and remedies.- Summary of part three: Rights and remedies.- Part IV: Rights and their scope: Overview: Conferral of EU law individual rights.- Sources of rights.- Determination of individual rights.- Functions and types of rights.- Protective purpose.- Extent of the protection.- Summary of part four: Conferral of EU law individual rights.- Part V: Concluding remarks: On the nature of the European Union law right.- On "rights language".- On the delineation of European Union law.

Blurb

This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.