Individual Rights in EU Law
This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further d
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Individual Rights in EU Law
Individual Rights in EU Law
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Bjarte Thorson
Individual Rights in EU Law
Bjarte Thorson Department of Private Law University of Oslo Oslo, Norway
ISBN 978-3-319-32770-9 ISBN 978-3-319-32771-6 DOI 10.1007/978-3-319-32771-6
(eBook)
Library of Congress Control Number: 2016940050 © Springer International Publishing Switzerland 2016 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG Switzerland
Preface
This book is based on research during my time as a postdoctoral fellow at the Department of Private Law at the University of Oslo (2012–2016). I thank the University of Oslo for the scholarship and for the pleasant working conditions at the Department of Private Law. As to all colleagues—practitioners and academics—around Europe with whom I have had the chance to discuss topics covered in the book, a particular thank you goes to Hilde K. Ellingsen at the Centre of European Law at the Scandinavian Institute of Maritime Law, who took the extra time to read parts of the manuscript in its final stages. Katherine Llorca has done an excellent job on proofreading and the team at Springer, headed by Dr. Brigitte Reschke, has been a pleasure to work with in the publication process. Any feedback is appreciated and may be sent to [email protected]. Paris, France February 2016
Bjarte Thorson
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Contents
Part I
Introduction
1
The Topic ‘Individual Rights in European Union Law’ . . . . . . . . . References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 6
2
Individual Rights in EU Law: General Sub-Topics and Issues . . . 2.1 Rights, Remedies and Procedures . . . . . . . . . . . . . . . . . . . . . 2.1.1 Rights and Remedies . . . . . . . . . . . . . . . . . . . . . . . . 2.1.2 Procedural Autonomy . . . . . . . . .
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