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On the private right of action in the European Court of Justice and litigation status

Author: MaChuanLiang
Tutor: WangChuanLi
School: China University of Political Science
Course: International law
Keywords: European Court of Justice Private cause of action European Integration
CLC: D997.3
Type: Master's thesis
Year: 2008
Downloads: 84
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Abstract


In the process of European integration, the European Court of Justice through the interpretation and application of law to safeguard the unity of EU law, thus preserving the European integration process. The court should play the role, in addition to the court's own judicial activism, the role of litigants can not be ignored, these litigants, private parties of the European Court of Justice is particularly noteworthy. However, although the study of EU law in the boom is off, but the research is basically focused on the European Court of Justice as a community agency-level perspective, relatively few studies on the vertical level of the specific mechanism of the European Court of Justice. Moreover, although a lot of EU law research articles or monographs mentioned EU law directly to the private creation of rights, as well as private individuals in the EU legal system unprecedented judicial rights of the EU characteristics, but rare in-depth study of issues related to . This article will take a historical analysis, comparative analysis, case analysis method to study the private proceedings of the European Court of Justice, to deepen awareness and understanding of EU law and European Court of Justice. The article mainly includes three parts. Private litigation of European integration under the European Court of Justice. First reviewed the course of development of the private proceedings of the European Court of Justice in the European integration; and then by comparison with the traditional private litigation of international courts and private litigation in domestic courts, and analysis of the private nature of the proceedings of the European Court of Justice, and on this basis to further explore the European Union the supranational nature of private litigation in the European Court of decisive significance. The second chapter analyzes and discusses the private right of action in the European Court of Justice and litigation status. The first section on private litigation the jurisdiction of the division and the court trial in the form of private litigation system are described. Section II outlines the rights and status of a private program in the European Court of Justice. Section III, different cause of action based on private litigation for private right of action in the European Court of Justice and litigation status class case analysis, mainly related to invalid v. Compensation for Damages against and not as the complaint, and civil court proceedings. Chapter III discusses in the previous two chapters on the basis of the private proceedings of the European Court of Justice and European Integration. First, the \Secondly, from the rule of law, human rights, judicial reform and other aspects of private litigation role in promoting European integration.

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CLC: > Political, legal > Legal > International law > Private international law > International Civil Procedure Law
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