Individual Rights in EU Law

European Union Law › Human Rights

Individual Rights in EU Law

By Bjarte Thorson
Springer-Verlag July 2016

Specifications

ISBN-13
9783319327709
Publisher
Springer-Verlag
Publication
July 2016
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book explores the EU law notion of 'individual rights'. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right.

It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages.

On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts' 'rights language' in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.

Table of Contents

Part I: Introduction: The topic "Individual rights in European Union law"
Individual rights in the EU law: General sub-topics and issues
A study of the notion of EU law rights: Plan and methodology
Genesis of the European Union law right

Part II: Rights and their application: Overview: Implementation an, interpretation and application of rules that grant individual rights
National implementation of directives that entail the grant of individual rights
Interpretation of provisions that grant individual rights
Application of norms that grant rights
Summary of part two: Implementation, interpretation and application of norms that grant rights

Part III: Rights and their protection: Overview: Rights and remedies
Primary remedies
Secondary rights and remedies
Summary of part three: Rights and remedies

Part IV: Rights and their scope: Overview: Conferral of EU law individual rights
Sources of rights
Determination of individual rights
Functions and types of rights
Protective purpose
Extent of the protection
Summary of part four: Conferral of EU law individual rights

Part V: Concluding remarks: On the nature of the European Union law right
On "rights language"
On the delineation of European Union law.
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