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Standing to Enforce European Union Law before National Courts

Standing to Enforce European Union Law before National Courts

Standing to Enforce European Union Law before National Courts

Author: Hilde K. Ellingsen
Publisher: Hart Publishing
ISBN: 9781509947454

Published In: October 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509937141

List Price: ¥13,132.16

¥12,738.13 Save ¥394.04 (3%)

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Description
Contents

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Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States' enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.

1. Introduction

2. Normative Underpinnings in the Court's Case Law

3. The Union Law Principles at Play

4. Invoking the Principle of Effective Judicial Protection

5. EU Law Requirements on National Standing Rules

6. What Standing is Not About: Distinguishing Direct Effect, Invocability and Standing

7. The Relationship between Standing and (Substantive) Remedies

8. Standing to Seek Judicial Review of Administrative Decisions

9. Standing to Seek Judicial Review of Legislative Acts

10. Standing to Seek Compensation from the State

11. Standing in Proceedings against Private Parties

12. Enforcing the Rights of Others

13. Enforcement of Union Law in the Name of Effectiveness

14. Conclusions

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