Judicial Review and the Rights of Private Parties in EU Law
Series: Oxford European Union Law Library;
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Product details:
- Edition number 2
- Publisher OUP Oxford
- Date of Publication 29 March 2007
- ISBN 9780199206865
- Binding Paperback
- No. of pages518 pages
- Size 234x155x27 mm
- Weight 775 g
- Language English 0
Categories
Short description:
This is one of the leading text books on private party judicial review in the EU. It explains how, when and why EU instruments are enforceable before national courts, and describes in detail the rules on the types of remedies that Member State courts must make available to protect the enforcement of EU measures. It also examines in detail how, and before which courts, private parties are able to challenge the legality of EC measures, and the remedies that flow from a finding of wrong-doing.
MoreLong description:
This book 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.
This book expands on the earlier work 'Judicial Review and the Rights of Private Parties in EC Law' (OUP, 2000) by considering all three pillars of the EU Treaty. It also provides an up to date account of the rules pertaining to the enforcement of EU measures in national law, with a particular emphasis on Directives. The developments of Member State remedies and procedural rules, and developments in the law on nullity review (Article 230 (4)) , validity review (Article 234), and damages liability (Article 288(2)) are also detailed.
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.
