Individual Rights in EU Law by Bjarte Thorson

By Bjarte Thorson

This booklet explores the ecu legislations concept of ‘individual rights’. It examines which kinds of principles furnish european felony rights to members, the way it is determined if a correct is conferred, and which people may perhaps declare the judicial safety of a correct. It extra discusses the criminal implications and results of retaining an european criminal correct with admire to the translation and alertness of european legislations as a rule and to express treatments comparable to declaratory treatments, injunctions, restitution and damages. On a extra overarching point, the e-book explores the query of ways the belief of european legislations rights pertains to different basic ecu legislations ideas similar to the foundations of effectiveness and direct influence, and discusses the felony stringency of the european courts’ ‘rights language’ in mild of the final objective of ecu integration. It therefore contributes to the physique of literature that goals to shed new mild at the borders of the sui generis felony order that's european law.

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For instance, in Case C-118/08 Transportes Urbanos [2010] ECR I-635, the Court found that since Spanish law did not require that all administrative remedies had to be exhausted before one could question the constitutionality of a national law, in the same vein, such a requirement could not be upheld with respect to questioning the national 78 26 2 Individual Rights in EU Law: General Sub-Topics and Issues The similarities between the principle of effectiveness and the right to judicial protection, when dealing with national rules on procedures, are also likely at times to make it difficult determine whether emphasis should be put on one or the other.

O Court of Justice (Fifth Chamber) of 5 June 2014, nyr. CML Rev 51:1813–1828 Engstroem J (2009) The Europeanisation of remedies and procedures through judge-made law: can a Trojan horse achieve effectiveness? Experiences of the Swedish Judiciary. Dissertation, European University Institute, Florence Engstroem J (2011) The principle of effective judicial protection after the Lisbon Treaty, reflection in the light of case C-279/09 DEB Deutsche Energiehandels- und Beratungsgesellschaft mbH. REALaw 4:53–68 Gerbrandy A (2009) Convergentie in het mededingingsrecht.

6 Po´ltorak (2015), p. 10. 3 References 33 following, ‘remedy’ will be used merely to refer to a court action and its possible favourable outcome for the applicant. Lastly, as concerns the use of words, it is evident that an ‘individual’ does not refer only to a physical person, but also to undertakings and other private law entities. More precisely, it may even include public entities, for instance the European Union itself has a right to compensation from cartellists,7 though this is not yet common.

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