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Judicial Review In EU Law

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ISBN13: 9781849804493
Published: September 2010
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Paperback (Hardback in 2009)
Price: £43.00
Hardback edition , ISBN13 9781845422035



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Judicial review constitutes an important aspect of any legal system operating under the rule of law. This book provides a comprehensive account of judicial review in EU law by assessing the vast and complex case-law of the European Court of Justice (ECJ) in this area and the academic opinion which has accompanied its rulings over the years. It questions the prevalent view in academic literature that the Court's restrictive approach to allowing individuals direct access to the Community Courts, in case of a challenge against normative acts, amounts to a denial of an effective remedy. The author argues that the emerging constitutional nature of the European Union and its federal structure requires a more balanced view. While it will improve direct access for individuals to the Union's judiciary, the Lisbon Treaty will not radically alter the system of judicial review in the European Union. Judicial Review in EU Law will be of great interest to academics, and given its detailed discussion of case-law of the ECJ it will also appeal to postgraduate students of European law. Dealing with an important aspect of legal practice, it will be invaluable reading for practitioners in law firms and officials working in local, regional and central government.

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Subjects:
Judicial Review
Contents:
Preface
Introduction

Part I: Action for Annulment
1. EU Institutions or Bodies as Defendants
2. Reviewable Acts
3. Locus Standi of Privileged and Semi-Privileged Applicants
4. Locus Standi of Non-Privileged Applicants
5. Legal Interest
6. Time-Limit in Article 230(5)
7. Grounds of Review
8. Effects of Illegality
9. Reform

Part II: Failure to Act
10. Parties to the Proceedings
11. Reviewable Failures to Act
12. Procedure: Article 232(2)
13. Locus Standi
14. Grounds of Review
15. Form and Effects of the Judgment

Part III: Incidental Review
16. Plea of Illegality
17. Validity Review

Part IV: Non-Contractual Liability
18. Attributable Act
19. Liability for Attributable Acts

Part V: Interim Relief
20. Scope of Application of Articles 242 and 243
21. Requirements for the Grant of Interim Measures
22. Procedure Conclusion
Bibliography