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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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This book is now Out of Print.
A new edition was published, see:
Judicial Review and the Rights of Private Parties in EU Law 2nd ed isbn 9780199269624

Judicial Review and the Rights of Private Parties in EC Law

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ISBN13: 9780198268222
ISBN: 019826822X
New Edition ISBN: 9780199269624
Published: July 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



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.

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Subjects:
EU Law
Contents:
1: Introduction. ;2: The Early Approach to Court of Justice Regulation of Member State Remedies and Procedural Rules. ;3: Current Issues in Court of Justice Case Law on Member State Remedies and Procedural Rules. ;4: Policy Discussion and Conclusions Concerning Community Regulation of Member State Remedies and Procedural Rules and Conclusions. ;5: The Enforcement of Directives in National Law. ;6: Individuals and the Article 230 (Article 173) Action for Annulment. ;7: Article 234 Validity Review. ;8: Damages Under Article 288 (2). ;9: General Conclusion