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Standing to Enforce European Union Law before National Courts

Standing to Enforce European Union Law before National Courts

Author: Hilde Ellingsen
Publisher: Hart Publishing
ISBN: 9781509937141

Published In: April 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509947454

List Price: HKD 1,430.00

HKD 1,387.10 Save HKD 42.90 (3%)

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Description
Contents

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The right to access to court is long recognised as an essential element of a Union based on the rule of law. This book asks how can member states insure that their individual rules on standing guarantee that right? The book answers the question by analysing EU law's requirements from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With inductive case law examination, it formulates an autonomous Union law doctrine of standing. The book then goes further, setting out an effectiveness test of member states' enforcement mechanism, preventing practical impediments to the right to access to court. This is a rigorous study on a question of immense importance.

1. Introduction

I. The Topic of this Book

II. Clarification and Elaboration of Core Concepts

III. The Structure of the Book

2. Normative Underpinnings in the Court's Case Law

I. Introduction

II. The Rule of Law (as an 'Essentially Contested Concept')

III. The Need for (and Difficulties Associated with) Distinguishing Rights Protection from Effectiveness Per Se

IV. 'Eurolegalism': The Particularities of the Union Mode of Regulation

3. The Union Law Principles at Play

I. Introduction

II. The Evolvement of Private Enforcement

III. Equivalence, Effectiveness and Effective Judicial Protection

IV. Effective Judicial Protection as the Leading Principle and Rationale in Relation to Standing

V. A Twofold Approach to Dissecting Union Law Requirements on Standing

4. Invoking the Principle of Effective Judicial Protection

I. Introduction

II. The Relationship between Rights and Judicial Protection in EU Law

III. The Concept of Union Rights

IV. Requirement of an Arguable Claim

5. EU Law Requirements on National Standing Rules

I. Introduction

II. Harmonised Standing Rules Based on the Principle of Effective Judicial Protection

III. Standing Before the Union Courts – A Useful Guideline?

IV. The Union Doctrine of Standing: Fleshing Out the Criteria

V. The Union Right to Standing: The Scope for Balancing Countervailing Considerations

VI. The Effects of the Doctrine in a Concrete Case

VII. The Legality and Legitimacy of a Court-made Doctrine of Standing

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

I. Introduction

II. Direct Effect

III. The Right to Invoke Union Law Provisions When Already before the Court

7. The Relationship between Standing and (Substantive) Remedies

I. Introduction

II. Remedial Autonomy and its Limitations

III. The Right to Specific Union Law Remedies

IV. Distinguishing Standing to Pursue Union Law Remedies and the Right to Obtain Such Remedies

V. Alternative Forms of Legal Recourse

8. Standing to Seek Judicial Review of Administrative Decisions

I. Introduction

II. Standing Doctrines in the Member States

III. Illustration I: Standing in the Area of Environmental Law

IV. Illustration II: Standing in the Telecommunications Sector

9. Standing to Seek Judicial Review of Legislative Acts

I. Introduction

II. Review of Legislative Acts in the Member States

III. Situations Where Incidental Review is Sufficient from the Perspective of Union Law

IV. A Free-standing Action as an Avenue of Last Resort

10. Standing to Seek Compensation from the State

I. Introduction

II. The Contours of the State Liability Doctrine

III. The Criteria for Having a Right of Action in Damages

IV. Autonomous Union Law Remedy or Remedy of Last Resort?

11. Standing in Proceedings against Private Parties

I. Introduction

II. Union Law and Private Legal Relationships

III. Various Ways to Invoke Union Law against Private Parties

IV. The Requirement of a Horizontal Right of Action

V. Standing to Seek Injunctions

VI. Standing to Seek Contractual Remedies

12. Enforcing the Rights of Others

I. Introduction

II. Claimants Whose Rights are (Also) Affected

III. Claimants Indirectly Affected by a Union Law Infringement

IV. Rights of Successors: Assignment of Claims and Third Party Contracts

V. Third Parties Suffering from the 'Passing-on' of Unlawfully Levied Taxes

VI. Third Parties Suffering Economic Harm through the Infringement of the Rights of Others

13. Enforcement of Union Law in the Name of Effectiveness

I. Introduction

II. Why a Rights-orientated Approach is Insufficient

III. Starting Point: No Mandatory Public Interest Standing Without Specific Regulation

IV. Infringements Committed by Member States

V. Infringements Committed by Private Parties

VI. Concluding Remarks

14. Conclusions

I. Key Findings

II. Union Law Standing: No Panacea for Effectiveness and Effective Judicial Protection

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