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Standing to Enforce European Union Law before National Courts

Standing to Enforce European Union Law before National Courts

Name: Standing to Enforce European Union Law before National Courts
Brand: Hart Publishing
SKU: 9781509947454
Price: 693.42 HKD
Availability: InStock
Author: Hilde K. Ellingsen
ISBN: 9781509947454

By Hilde K. Ellingsen

Hart Publishing October 2022

Specifications

ISBN-13: 9781509947454
Publisher: Hart Publishing
Publication: October 2022
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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Hardback

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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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