Where there are rights granted by the EU law, there must be legal instruments serving their execution in national law. Because the main task of enforcing the provisions of EU law rests with the Member States' institutions, ensuring the enforcement by national courts or administrative agencies of the rights of private entities is of particular importance.
This book provides the in-depth analysis of how the rights derived from EU law function in domestic legal proceedings and how EU law influences solutions applied in national law. It fully describes the mechanisms imposed by EU Iaw upon the instruments of national law, and examines the reasons, manner, and consequences of the required modification of national legal remedies. Among the issues and topics covered are the following:
- interrelations between the right to court and the doctrines of direct effect and primacy;
- right to initiate proceedings before a national court;
- right to invoke an EU provision in court proceedings;
- standard of national court proceedings made available for enforcing EU claims;
- claimant's due diligence requirements;
- application of interim measures;
- challenging final or binding decisions of national organs issued in violation of EU law;
- the court's competence to apply EU law of is own motion;
- criteria for declaring a timelimit reasonable; and
- sanctions, restitution, and compensation claims.
Through her meticulous reconstruction and systematisation of the elements that constitute the whole process of execution by national law of rights granted in EU law, the author clearly manifests the extent to which the system as it strands affords the guaranteed level of legal protection. With practical recommendations pertaining to individual legal remedies present in national law - how they must be understood and modified in national court jurisprudence, and what are the rights of an individual demanding that an EU claim be enforced - her thorough analysis of the relevant EU law provisions and the corresponding requirements on national instruments will be of inestimable value to the community of practitioners, jurists, and academics working at the interface of EU law and the law of the Member States.
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