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This excellent study deals with the question of controlling the legality of both member state and EC measures from the perspective of procedural means avail- able to private parties. It manages to condense a vast national and European Courts case-law to a still readable volume rich of details and at the same time focused on the most important issues involved. Ward begins with discussing various implications for national procedural law stemming from judgments of the ECJ such as Emmott, Johnston and Francovich. Together with the Court's jurisprudence on the interpretation of what it means to accord direct effect to directives, this serves as the background to show how broadly EC law has already entered into the scope of national law and required changes in order to make private rights "real and effective". Pertinent questions concerning, among others, the limit of horizontal direct effect, of indirect horizontal effect or better "sympathetic interpretation", and the enlargement of the concept of public entities are discussed here. In the second main part of her study Ward looks at the three major procedural avenues open to private parties in order to challenge Community acts: the annul- ment action under Art 230 TEC, preliminary references
Austrian Review of International and European Law Online – Brill
Published: Jan 1, 2003
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