Standing to enforce European Union law before national courts / Hilde Ellingsen.

Format:

Book

Author/Creator:

Ellingsen, Hilde K., 1984- author.

Series:

Modern studies in European law ; volume 104

Language:

English

Subjects (All):

International and municipal law--European Union countries.

International and municipal law.

Locus standi--European Union countries.

Locus standi.

Physical Description:

xxxiv, 256 pages.

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2021

Place of Publication:

London [England] : Hart Publishing, 2021.

Summary:

"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"-- Provided by publisher.

Contents:

Introduction

Normative underpinnings in the court's case law

The union law principles at play

Invoking the principle of effective judicial protection

EU law requirements on national standing rules

What standing is not about : distinguishing direct effect, invocability and standing

The relationship between standing and (substantive) remedies

Standing to seek judicial review of administrative decisions

Standing to seek judicial review of legislative acts

Standing to seek compensation from the state

Standing in proceedings against private parties

Enforcing the rights of others

Enforcement of union law in the name of effectiveness

Conclusions.

Notes:

Based on author's thesis (doctoral - Universitetet i Oslo, 2018).

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher.

ISBN:

9781509937172

150993717X

9781509937165

1509937161

9781509937158

1509937153

OCLC:

1228180090