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OverviewThis 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. Full Product DetailsAuthor: Angela WardPublisher: Oxford University Press Imprint: Oxford University Press Edition: 2nd Revised edition Dimensions: Width: 15.60cm , Height: 3.20cm , Length: 23.40cm Weight: 0.906kg ISBN: 9780199269624ISBN 10: 0199269629 Pages: 520 Publication Date: 01 March 2006 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of Contents1. Introduction; 1 INDIVIDUAL RIGHTS AND EFFECTIVE JUDICIAL REVIEW OF MEMBER STATE MISCONDUCT; 2. The Impact of the EU Treaty and EU Legislation in National Legal Systems; Second and Third Pillar EU Measures; EC Treaty Articles, Regulations, and Decisions; EC Directives; EU Legislation Under the Constitution; 3. Third Generation Case Law; Member State Remedies, and Procedural Rules; II INDIVIDUAL RIGHTS AND EFFECTIVE JUDICIAL REVIEW OF EU MISCONDUCT; 4. Article 230 (4) Nullity Review, Article XXX Action for Failure to Act, and the Article XXX Plea of Illegality; 5. Article 234 Validity Review and its Relationship with Article 230 (4) Nullity Review; 6. Article 288 (2) Damages Claims; 7. Judicial Review of Second and Third Pillar Measures; 8. Judicial Review of EU Measures Under the Constitution; 9. Judicial Review of EU Measures and the Requirement of Articles 6 (1) and 13 of the ECHR; III CONCLUSION THE END OF INDIVIDUAL RIGHTS?; 10. ConclusionReviewsReview 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 LawJournal, 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 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<br> [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<br> .,. 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<br> 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 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 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 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 LawJournal, 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 <br>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<br> [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<br>. .. 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<br> Author InformationDr. Angela Ward practices at the London Bar, specializing in the Law of the European Union law and the law of the European Convention of Human Right. She is also a Reader in the Law Department at the University of Essex, and is a Member of the University's Centre for Human Rights. Prior to that, Angela was the Deputy Director of the Centre for European Legal Studies at the University of Cambridge, and a Fellow of Magdalene College Cambridge, where she taught EU Llaw and International Law. She holds a PhD (distinction) from the European University Institute in Florence, and has written many books and articles on EU law and human rights law. She is a Fellow of the British Institute of International and Comparative Law. Tab Content 6Author Website:Countries AvailableAll regions |
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