Private Enforcement of Eu Law Before National Courts ― The Eu Legislative Framework

Citing the Van Gen den Loos judgment of over 50 years ago, which established that private parties can have a legal position under European Union (EU) law, can create obligations for private parties, and can also confer rights on them even where it is not expressly stated provided that the provision in question is sufficiently clear and unconditional, this volume is essentially concerned with the EU’s law-making activities that are related to facilitating the private enforcement of EU law before national courts. It aims to establish what such legislation entails, particularly, in terms of remedies and procedures enacted, and how it is to be understood more generally, notably as regards its typical characteristics and its underlying objectives as well as the advantages and drawbacks of and the limits to the choices made by the EU legislature in this connection. Twelve chapters are divided into four parts: introduction and background; selected EU legislation; comparison and contextualization: remedies and procedures; broader aspects, perspectives and conclusions. Annotation c2016 Ringgold, Inc., Portland, OR (protoview.com)

Folkert Wilman, Member of the Legal Service of the European Commission, Belgium