Standing to Enforce European Union Law before National Courts

European Union Law

Standing to Enforce European Union Law before National Courts

By Hilde Ellingsen
Hart Publishing April 2021

Specifications

ISBN-13
9781509937141
Publisher
Hart Publishing
Publication
April 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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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