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Edited by Sara Drake and Melanie Smith

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Edited by Sara Drake and Melanie Smith

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Edited by Sara Drake and Melanie Smith

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Sara Drake

Based on the premise that the system of private enforcement of EU law constructed by the Court of Justice of the European Union constitutes a regulatory scheme, this chapter will present a new framework for assessing its effectiveness in a more systematic and holistic manner. Inspired by regulatory scholarship, both the institutional design of the private enforcement regime and the underpinning legal doctrines will be mapped against regulatory goals and constitutional values, allowing inadequacies to be identified. The analysis includes an assessment of Article 19(1) TEU and Article 47 of the Charter of Fundamental Rights, two new constitutional innovations set out in the Treaty of Lisbon, and their application by the Court. The chapter will argue that, whilst these legal provisions pave the way for greater alignment of regulatory goals and constitutional values leading to more effectiveness, their full potential has yet to be seized upon by the Court.
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Melanie Smith and Sara Drake