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.
Dr Angela Ward practises at the London Bar, specialising in the Law of the European Union law and the law of the European Convention of Human Right and. She is also a Reader in the Law Department at the University of Essex, and is a Member of the University's Centre for Human Rights. Prior to that, Angela was the Deputy Director of the Centre for European Legal Studies at the University of Cambridge, and a Fellow of Magdalene College Cambridge, where she taught EU law and International Law. She holds a PhD (distinction) from the European University Institute in Florence, and has written many books and articles on EU law and human rights law. She is a Fellow of the British Institute of International and Comparative Law.