Hilde KEllingsen
Standing to Enforce European Union Law before National Courts
Standing to Enforce European Union Law before National Courts
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This book examines how Member States can ensure that their rules on standing guarantee the right to access to court in a Union based on the rule of law. It analyzes EU law requirements from two angles: effective protection of Union rights and effectiveness of Union law per se. It formulates an autonomous Union law doctrine of standing based on the principle of effective judicial protection and sets out an effectiveness test of Member States enforcement mechanisms to ensure EU law is rendered operative in practice.
Format: Paperback / softback
Length: 296 pages
Publication date: 20 October 2022
Publisher: Bloomsbury Publishing PLC
Access to court has long been recognized as a fundamental aspect of a Union founded upon the rule of law. This book delves into the question of how Member States can ensure that their rules on standing guarantee the protection of Union rights. To address this, the book analyzes the requirements of EU law from two distinct perspectives: first, the effective safeguarding of Union rights; and second, the overall effectiveness of Union law itself. Through a comprehensive examination of case law, the book develops an autonomous Union law doctrine of standing, grounded in the principle of effective judicial protection. Furthermore, it proposes an effectiveness test for Member States' enforcement mechanisms to ensure that EU law is effectively implemented in practice. This rigorous study is of paramount importance in understanding the dynamics of the EU legal framework.
Access to court has long been recognized as a fundamental aspect of a Union founded upon the rule of law. This book delves into the question of how Member States can ensure that their rules on standing guarantee the protection of Union rights. To address this, the book analyzes the requirements of EU law from two distinct perspectives: first, the effective safeguarding of Union rights; and second, the overall effectiveness of Union law itself. Through a comprehensive examination of case law, the book develops an autonomous Union law doctrine of standing, grounded in the principle of effective judicial protection. Furthermore, it proposes an effectiveness test for Member States' enforcement mechanisms to ensure that EU law is effectively implemented in practice. This rigorous study is of paramount importance in understanding the dynamics of the EU legal framework.
Weight: 458g
Dimension: 155 x 234 x 20 (mm)
ISBN-13: 9781509947454
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