Individual Rights in EU Law / by Bjarte Thorson.

Format:

Book

Author/Creator:

Thorson, Bjarte., Author.

Language:

English

Subjects (All):

Law—Europe.

Human rights.

European Union.

European Law.

Human Rights.

European Union Politics.

Local Subjects:

European Law.

Human Rights.

European Union Politics.

Physical Description:

1 online resource (XIV, 395 p.)

Edition:

1st ed. 2016.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2016.

Summary:

This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.

Contents:

Part I: Introduction: The topic "Individual rights in European Union law"

Individual rights in the EU law: General sub-topics and issues

A study of the notion of EU law rights: Plan and methodology

Genesis of the European Union law right

Part II: Rights and their application: Overview: Implementation an, interpretation and application of rules that grant individual rights

National implementation of directives that entail the grant of individual rights

Interpretation of provisions that grant individual rights

Application of norms that grant rights

Summary of part two: Implementation, interpretation and application of norms that grant rights

Part III: Rights and their protection: Overview: Rights and remedies

Primary remedies

Secondary rights and remedies

Summary of part three: Rights and remedies

Part IV: Rights and their scope: Overview: Conferral of EU law individual rights

Sources of rights

Determination of individual rights

Functions and types of rights

Protective purpose

Extent of the protection

Summary of part four: Conferral of EU law individual rights

Part V: Concluding remarks: On the nature of the European Union law right

On "rights language"

On the delineation of European Union law.

Notes:

Includes bibliographical references at the end of each chapters and index.

ISBN:

3-319-32771-2