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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Judicial Review and the Rights of Private Parties in EU Law 2nd ed

ISBN13: 9780199269624
Previous Edition ISBN: 019826822X
Published: March 2007
Publisher: Oxford University Press
Country of Publication: uk
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9780199206865

This book canvasses in detail 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, which was founded on the liability of EU institutions under Article 288(2), 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' under Article 230(4) 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 (Article 230 (4)) , validity review (Article 234), and damages liability (Article 288(2)) are also detailed.

  • The most comprehensive account of the caselaw of judicial review in the EU
  • This book expands on the author's earlier work 'Judicial Review and the Rights of Private Parties in EC Law' (OUP, 2000) with a new section on the EU pillars
  • Its analysis covers two previously distinct bodies of case law, from the Court of First Instance and the Court of Justice
  • Charts the growing emphasis on 'individual rights' in EU law, and the notion of 'individual concern'

EU Law
1. Introduction;
1 Individual Rights and Effective Judicial Review of Member State Misconduct;
2. The Impact of the EU Treaty and EU Legislation in National Legal Systems
Second and Third Pillar EU Measures
EC Treaty Articles, Regulations, and Decisions
EC Directives
EU Legislation Under the Constitution
3. Third Generation Case Law; Member State Remedies, and Procedural Rules
II Individual Rights and Effective Judicial Review of EU Misconduct;
4. Article 230 (4) Nullity Review, Article XXX Action for Failure to Act, and the Article XXX Plea of Illegality
5. Article 234 Validity Review and its Relationship with Article 230 (4) Nullity Review
6. Article 288 (2) Damages Claims
7. Judicial Review of Second and Third Pillar Measures
8. Judicial Review of EU Measures Under the Constitution
9. Judicial Review of EU Measures and the Requirement of Articles 6 (1) and 13 of the ECHR
III Conclusion The End of Individual Rights?;
10. Conclusion ;