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A New 'Right' Available to Individuals under Community Law

A New 'Right' Available to Individuals under Community Law A New ' i t f a Available to Individuals under P Community Law The European Court of Justice (ECJ) has gradually but ineluctably extended the rights available to individuals under Community law. The creative attitude of the ECJ can be explained by a number of factors of whlch the two most important are that, first, the changing objectives of the European Community, involving the restructuring of its basic legal framework, have forced the ECJ to take a fresh and outward-looking approach to the task of ensuring that Community law is interpreted and applied uniformly throughout the EU, a task which is impossible to accomplish without relying on individuals, who are prima facie the most interested parties in the enforcement of rights conferred upon them by Community law; and, secondly, in order to compensate for the democratic deficit of the Community, the ECJ has assumed a continuing responsibility for ensuring that the new legal order created by the Community is accessible, fair and efficient vis-a-vis individuals. The opportunities which individuals possess to enforce Community rights at the national level have recently been enriched by the ECJ in Case C-129196, InterEnvironnement CVallonie ASBL v. Rigion Wallonne.' The practical implication http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

A New 'Right' Available to Individuals under Community Law

European Public Law , Volume 5 (1) – Mar 1, 1999

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Kluwer Law International
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Copyright © Kluwer Law International
ISSN
1354-3725
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Abstract

A New ' i t f a Available to Individuals under P Community Law The European Court of Justice (ECJ) has gradually but ineluctably extended the rights available to individuals under Community law. The creative attitude of the ECJ can be explained by a number of factors of whlch the two most important are that, first, the changing objectives of the European Community, involving the restructuring of its basic legal framework, have forced the ECJ to take a fresh and outward-looking approach to the task of ensuring that Community law is interpreted and applied uniformly throughout the EU, a task which is impossible to accomplish without relying on individuals, who are prima facie the most interested parties in the enforcement of rights conferred upon them by Community law; and, secondly, in order to compensate for the democratic deficit of the Community, the ECJ has assumed a continuing responsibility for ensuring that the new legal order created by the Community is accessible, fair and efficient vis-a-vis individuals. The opportunities which individuals possess to enforce Community rights at the national level have recently been enriched by the ECJ in Case C-129196, InterEnvironnement CVallonie ASBL v. Rigion Wallonne.' The practical implication

Journal

European Public LawKluwer Law International

Published: Mar 1, 1999

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