Judicial Review and the Rights of Private Parties in EU Law

Paperback | March 29, 2007

byAngela Ward

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This book details 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 MemberState liability in damages, 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 incases concerning enforcement of EU law against Member State bodies, while notions such as 'individual concern' 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 particularemphasis on Directives. The developments of Member State remedies and procedural rules, and developments in the law on nullity review validity review, and damages liability are also detailed.

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This book details 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 MemberState liability in damages, there have been i...

Angela Ward is a Barrister of the Middle Temple and a Reader in Law, University of Essex.

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Hardcover|May 9 2016

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Format:PaperbackDimensions:518 pages, 9.21 × 6.14 × 1.06 inPublished:March 29, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199206864

ISBN - 13:9780199206865

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Table of Contents

Table of CasesTables of Legislation1. Introduction2. Judicial Enforcement of EU Instruments Through Private Party Litigation3. The Rights of Private Parties Under EU Law and Member State Remedies and Procedural Rules: Background4. The Rights of Private Parties and Member State Remedies and Procedural Rules - Part I: The Principles of Effectiveness and Non-Discrimination5. Damages6. Private Parties and Direct Access to the Court of First Instance7. Article 234 Validity Review8. Damages Under Article 288(2)9. ConclusionSelect BibliographyIndex

Editorial Reviews

Review from previous edition "A comprehensive yet succinct account of the limits of judicial review. Dr Ward's review of the position of private parties in the EC and the role of the ECJ is certainly an ambitious undertaking, yet one that has been skillfully and successfully completed."--UNSW Law Journal, Volume 24, 2002 "[Dr. Ward] outlines in a clear and detailed manner a subject that is not easy to tackle, namely the rights of private parties when they challenge or invoke Community law."--European Library 2001 28 June 2001 .,." Excellent study ... manages to condense a vast national and European Courts case-law to a still readable volume rich of details and at the same time focused on the most important issues involved."--Austrian Review of International and European Law