Judicial Review and the Rights of Private Parties in EC Law
OUP Oxford, 13/07/2000
EAN 9780198268222, ISBN10: 019826822X
Paperback, 440 pages, 23.1 x 15.5 x 3 cm
Judicial Review and the Rights of Private Parties in EC Law provides a detailed exposition of the rights of private parties when they seek to either enforce or challenge laws emanating from the European Community legal order. The book is the first of its kind in that it compares the efficacy of avenues of legal redress that are available in these two types of litigation. It explains that there is a substantial disjuncture in standards of judicial reviewDSit is significantly more difficult for private parties to obtain an effective remedy when contesting the legality of EC measures, than it is to obtain an adequate judicial sanction when Member State laws fail to comply with lawful EC rules. This revelation in turn funnels into the debate on the legal structure of the European Union and its legitimacy, and more particularly the role of the European Court of Justice in crafting a federal constitutional design. The book concludes with some suggestions for amendment to the EC Treaty which may alleviate some of the tasks presently born by the by the Court of First Instance and the Court of Justice, and assist in justifying the divergence inherent in judicial review as it presently stands. The book will be invaluable to legal practitioners, academics, and students of EC law. It thoroughly and lucidly canvasses the mechanisms available to private parties to activate EC law in order to further the interests, while placing these rules within a `constitutional' context.
... 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 )