دانلود کتاب Standing to Enforce European Union Law before National Courts

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Acknowledgements\nContents\nTable of Cases\nTable of Legislation\n1. Introduction\n I. The Topic of this Book\n II. Clarification and Elaboration of Core Concepts\n III. The Structure of the Book\n2. Normative Underpinnings in the Court\'s Case Law\n I. Introduction\n II. The Rule of Law (as an \'Essentially Contested Concept\')\n III. The Need for (and Difficulties Associated with) Distinguishing Rights Protection from Effectiveness Per Se\n IV. \'Eurolegalism\': The Particularities of the Union Mode of Regulation\n3. The Union Law Principles at Play\n I. Introduction\n II. The Evolvement of Private Enforcement\n III. Equivalence, Effectiveness and Effective Judicial Protection\n IV. Effective Judicial Protection as the Leading Principle and Rationale in Relation to Standing\n V. A Twofold Approach to Dissecting Union Law Requirements on Standing\n4. Invoking the Principle of Effective Judicial Protection\n I. Introduction\n II. The Relationship between Rights and Judicial Protection in EU Law\n III. The Concept of Union Rights\n IV. Requirement of an Arguable Claim\n5. EU Law Requirements on National Standing Rules\n I. Introduction\n II. Harmonised Standing Rules Based on the Principle of Effective Judicial Protection?\n III. Standing Before the Union Courts – A Useful Guideline?\n IV. The Union Doctrine of Standing: Fleshing Out the Criteria\n V. The Union Right to Standing: The Scope for Balancing Countervailing Considerations\n VI. The Effects of the Doctrine in a Concrete Case\n VII. The Legality and Legitimacy of a Court-made Doctrine of Standing\n6. What Standing is Not About: Distinguishing Direct Effect, Invocability and Standing\n I. Introduction\n II. Direct Effect\n III. The Right to Invoke Union Law Provisions When Already before the Court\n7. The Relationship between Standing and (Substantive) Remedies\n I. Introduction\n II. Remedial Autonomy and its Limitations\n III. The Right to Specific Union Law Remedies\n IV. Distinguishing Standing to Pursue Union Law Remedies and the Right to Obtain Such Remedies\n V. Alternative Forms of Legal Recourse\n8. Standing to Seek Judicial Review of Administrative Decisions\n I. Introduction\n II. Standing Doctrines in the Member States\n III. Illustration I: Standing in the Area of Environmental Law\n IV. Illustration II: Standing in the Telecommunications Sector\n9. Standing to Seek Judicial Review of Legislative Acts\n I. Introduction\n II. Review of Legislative Acts in the Member States\n III. Situations Where Incidental Review is Sufficient from the Perspective of Union Law\n IV. A Free-standing Action as an Avenue of Last Resort\n10. Standing to Seek Compensation from the State\n I. Introduction\n II. The Contours of the State Liability Doctrine\n III. The Criteria for Having a Right of Action in Damages\n IV. Autonomous Union Law Remedy or Remedy of Last Resort?\n11. Standing in Proceedings against Private Parties\n I. Introduction\n II. Union Law and Private Legal Relationships\n III. Various Ways to Invoke Union Law against Private Parties\n IV. The Requirement of a Horizontal Right of Action\n V. Standing to Seek Injunctions\n VI. Standing to Seek Contractual Remedies\n12. Enforcing the Rights of Others\n I. Introduction\n II. Claimants Whose Rights are (Also) Affected\n III. Claimants Indirectly Affected by a Union Law Infringement\n IV. Rights of Successors: Assignment of Claims and Third Party Contracts\n V. Third Parties Suffering from the \'Passing-on\' of Unlawfully Levied Taxes\n VI. Third Parties Suffering Economic Harm through the Infringement of the Rights of Others\n13. Enforcement of Union Law in the Name of Effectiveness\n I. Introduction\n II. Why a Rights-orientated Approach is Insufficient\n III. Starting Point: No Mandatory Public Interest Standing Without Specific Regulation\n IV. Infringements Committed by Member States\n V. Infringements Committed by Private Parties\n VI. Concluding Remarks\n14. Conclusions\n I. Key Findings\n II. Union Law Standing: No Panacea for Effectiveness and Effective Judicial Protection\nBibliography\nIndex