Standing to Enforce European Union Law before National Courts

Hilde K Ellingsen

• Publisher: Hart Publishing
• Year: 2021
• Print ISBN:
  9781509947454
• Edition: 1
• eBook ISBN:
  9781509937165
• Topic: Law
• Subtopic: International Law
• Index: Law

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.

Table of contents

• Acknowledgements
• Contents
• Table of Cases
• Table of Legislation
• 1. Introduction
• 2. Normative Underpinnings in the Court's Case Law
• 3. The Union Law Principles at Play
• 4. Invoking the Principle of Effective Judicial Protection
• 5. EU Law Requirements on National Standing Rules
• 6. What Standing is Not About: Distinguishing Direct Effect, Invocability and Standing
• 7. The Relationship between Standing and (Substantive) Remedies
• 8. Standing to Seek Judicial Review of Administrative Decisions
• 9. Standing to Seek Judicial Review of Legislative Acts
• 10. Standing to Seek Compensation from the State
• 11. Standing in Proceedings against Private Parties
• 12. Enforcing the Rights of Others
• 13. Enforcement of Union Law in the Name of Effectiveness
• 14. Conclusions
• Bibliography
• Index