Standing to Enforce European Union Law before National Courts
Book Details
Format
Paperback / Softback
Book Series
Modern Studies in European Law
ISBN-10
1509947450
ISBN-13
9781509947454
Publisher
Bloomsbury Publishing PLC
Imprint
Hart Publishing
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Oct 20th, 2022
Print length
296 Pages
Weight
458 grams
Dimensions
15.50 x 23.40 x 2.00 cms
Product Classification:
Civil procedure, litigation & dispute resolution
Ksh 10,900.00
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Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States’ enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.
Access to court has long been recognised as an essential element of a Union based on the rule of law. This book asks, how can Member States ensure that their rules on standing guarantee that right? The book answers this question by analysing the requirements of EU law from two angles: first, the effective protection of Union rights; second, the effectiveness of Union law per se. With detailed case law examination, the book formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection. It then goes further, setting out an effectiveness test of Member States’ enforcement mechanisms, to ensure that EU law is rendered operative in practice. This is a rigorous study on a question of immense importance.
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