Judicial Review and the Rights of Private Parties in EU Law

ISBN-13: 9780199206865 / Angielski / Miękka / 2007 / 500 str.

Dr Angela Ward

Opis

This book details the rights of private parties to enforce principles of EU law, both before the national courts and the European courts of First Instance and Justice in Luxembourg. These originally amounted to two distinct bodies of case law. However, particularly since the advent of Member State liability in damages, there have been increasing trends toward convergence in relevant principles in private party EU litigation; whether the defendant is a Member State government authority or an EU institution. On the other hand, emphasis on 'individual rights' continues to be greater in cases concerning enforcement of EU law against Member State bodies, while notions such as 'individual concern' remains a significant barrier to obtaining an effective judicial remedy by private sector actors aggrieved by the conduct of EU institutions.
This book expands on the earlier work 'Judicial Review and the Rights of Private Parties in EC Law' (OUP, 2000) by considering all three pillars of the EU Treaty. It also provides an up to date account of the rules pertaining to the enforcement of EU measures in national law, with a particular emphasis on Directives. The developments of Member State remedies and procedural rules, and developments in the law on nullity review validity review, and damages liability are also detailed.

Recenzje

This book makes an important contribution to the debate on the effective enforcement of Union law by individuals before national courts and the Union courts. The author manages to convey the complexity of the law in a clear and accessible manner with useful sub-headings and cross-referencing throughout. Although some of the issues explored may be familiar to many, Ward offers a fresh perspective and makes some interesting observations about the current system pinpointing its flaws and suggesting ways forward. This book will undoubtedly become one of the key reference points on the law in this area for EU scholars, students and practitioners.