The EU Legislative Framework
Elgar European Law and Practice series
Chapter 10: THE HOW, WHEN AND WHY OF EU LEGISLATION ON PRIVATE ENFORCEMENT
One could say that the three foregoing chapters that together made up Part C of this book were essentially concerned with the question of how the private enforcement of EU law is facilitated by the EU legislature in terms of remedies and procedural provisions. The present chapter, as the first of the three chapters of the final part of this book, considers a number of broader aspects that emerge in this connection. The questions addressed here can be summarised as the how (understood more broadly), when and why EU legislation facilitates private enforcement of EU law. More specifically, it is first assessed from a legal perspective what is the EU legislature’s scope to enact secondary law of the type at issue here. Attention then turns to the political and policy aspects and facilitating factors that can be of relevance in this respect. The questions addressed are thus essentially whether the EU has the legal empowerment and a sufficient policy reason as well as the necessary political will to enact legislative measures related to the private enforcement of EU law. Next, the added value of these legislative measures is considered, particularly as compared with legislative inaction at EU level. In the last subsection of this chapter, the how of the EU legislation at issue is re-assessed, this time particularly in terms of coherence and fragmentation.
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