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Judicial Review and the Rights of Private Parties in EU Law (Paperback, 2nd Revised edition)
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Judicial Review and the Rights of Private Parties in EU Law (Paperback, 2nd Revised edition)
Series: Oxford European Union Law Library
Expected to ship within 12 - 17 working days
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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.
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