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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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Judicial Review and the Rights of Private Parties in EU Law 2nd ed


ISBN13: 9780199206865
New Edition ISBN: 9780198804499
Published: March 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £107.50
Hardback edition out of print, ISBN13 9780199269624



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This 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.

  • The most comprehensive account of the caselaw of judicial review in the EU
  • This book expands on the author's earlier work 'Judicial Review and the Rights of Private Parties in EC Law' (OUP, 2000) with a new section on the EU pillars
  • Its analysis covers two previously distinct bodies of case law, from the Court of First Instance and the Court of Justice
  • Charts the growing emphasis on 'individual rights' in EU law, and the notion of 'individual concern'

Subjects:
Judicial Review, EU Law
Contents:
1. 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. Conclusion ;

Series: Oxford EC Law Library 

EU Anti-Discrimination Law 2nd ed ISBN 9780198737032
Published January 2015
Oxford University Press
£65.00
Goyder's EC Competition Law 5th ed ISBN 9780199535316
Published March 2009
Oxford University Press
£177.99
The General Principles of EU Law 2nd ed ISBN 9780199227686
Published May 2007
Oxford University Press
£91.00
Directives in EC Law 2nd ed ISBN 9780199207596
Published June 2006
Oxford University Press
£46.99
The European Union and Its Court of Justice 2nd ed ISBN 9780199258840
Published June 2006
Oxford University Press
£107.50
The European Union and its Court of Justice 2nd ed ISBN 9780199258857
Published June 2006
Oxford University Press
£68.00
Intellectual Property Rights in EU Law: Vol 1 ISBN 9780198259183
Published May 2006
Oxford University Press
£275.00
Directives in EC Law 2nd ed ISBN 9780198268321
Published February 2005
Oxford University Press
Price on Application
Workers, Establishment, and Services in the European Union ISBN 9780198267768
Published October 2004
Oxford University Press
£82.00
EC Agricultural Law 2nd ed
John A. UsherSalvesen Professor of European Institutions, University of Edinburgh
ISBN 9780198268826
Published March 2002
Oxford University Press
£76.00
The Law of Money and Financial Services in the EC 2nd ed
John UsherUniversity of Edinburgh
ISBN 9780198298779
Published March 2000
Oxford University Press
£112.50
EC Company Law ISBN 9780198259930
Published February 1999
Oxford University Press
£270.00
EC Tax Law ISBN 9780198257646
Published April 1996
Oxford University Press
£112.50
The European Internal Market and International Trade
ISBN 9780198259039
Published September 1994
Oxford University Press
£100.00
Fundamental Rights in the European Union ISBN 9780199680757

Oxford University Press
Publication Abandoned
Fundamental Rights in the European Union ISBN 9780199548491

Oxford University Press
Publication Abandoned