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Out Of Print
This text provides a detailed exposition of the rights of private parties when they seek to either enforce or challenge laws emanating from the European Community legal order.
The book compares the efficacy of avenues of legal redress that are available in these two types of litigation and explains that there is a substantial disjuncture in standards of judicial review - it is significantly more difficult for private parties to obtain an effective remedy when contesting the legality of EC measures, than it is to obtain an adequate judicial sanction when Member State laws fail to comply with lawful EC rules.
This revelation in turn funnels into the debate on the legal structure of the European Union and its legitimacy, and more particularly the role of the European Court of Justice in crafting a federal constitutional design. The book aims to be on interest to legal practitioners, academics, and students of EC law. It thoroughly canvasses the mechanisms available to private parties to activate EC law in order to further their interests, while placing these rules within a ""constitutional"" context.