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Coming Soon Judicial Review and the Rights of Private Parties in EU Law, 2nd Edition

Judicial Review and the Rights of Private Parties in EU Law, 3rd Edition

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780198804499
  • Published In: April 2020
  • Format: Paperback , 520 pages
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,562.50

HKD 1,468.75 Save HKD 93.75 (6%)

Delivery Time: around 3-4 weeks ?Extra 2-10 working days for address outside Hong Kong
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  • Description 
  • Contents 
  • Author 
  • Reviews
  • Details

    This new edition 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.

  • 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 ;

  • Angela Ward, Barrister of the Middle Temple

  • "This book makes an important contribution to the debate on the effective enforcement of Union law by individuals before national courts and the Union courts. The author manages to convey the complexity of the law in a clear and accessible manner with useful sub-headings and cross-referencing throughout. Although some of the issues explored may be familiar to many, Ward offers a fresh perspective and makes some interesting observations about the current system pinpointing its flaws and suggesting ways forward. This book will undoubtedly become one of the key reference points on the law in this area for EU scholars, students and practitioners." - Sara Drake, Review of European Administrative Law Vol. 2, 2009

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