The rules of standing of the European Union: a contextual understanding
<p>This thesis looks at the context surrounding the EU standing rules for the individual applicant. It seeks to build upon the extensive academic literature on this topic, by further exploring how far this context can explain and justify the approach taken towards the rules themselves, which h...
| Main Author: | |
|---|---|
| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
2019
|
| Subjects: |
| _version_ | 1826307601486315520 |
|---|---|
| author | Bradford, J |
| author2 | Goudkamp, J |
| author_facet | Goudkamp, J Bradford, J |
| author_sort | Bradford, J |
| collection | OXFORD |
| description | <p>This thesis looks at the context surrounding the EU standing rules for the individual applicant. It seeks to build upon the extensive academic literature on this topic, by further exploring how far this context can explain and justify the approach taken towards the rules themselves, which have generally been considered to be restrictive in character. The analysis is conducted by reference to a selection of factors which represent part of the wider constitutional context.</p>
<p>The central arguments of this thesis are as follows: first, it is argued that that certain factors of the context (namely the underlying judicial strategy and the role of privileged applicants) go some way towards explaining the narrow approach taken. They also have some capacity (to a limited extent) to qualify one’s perception of the rules’ restrictive impact. This is outlined in Chapter Two. Then in the first part of Chapter Three, I consider the justificatory potential of these factors, exploring how far these elements are able to change the analysis as to whether or not the rules can be justified. It is argued that when they are judged against the standard of effective judicial protection as it emerges from some of the relevant cases then a possible, qualified justification can emerge. However, any such position is qualified by virtue of the various substantive and methodological difficulties with this approach.</p>
<p>Secondly, this thesis contends that when we look at the standard of practical access to justice, the rules remain unjustifiable (even when we see them with the benefit of the contextual factors identified); in this sense they remain ‘overly narrow’. Consequently, the final part of Chapter Three offers some qualified avenues of reform for amending this context and improving the practical impact of these standing rules for the individual applicant.</p> |
| first_indexed | 2024-03-07T07:05:33Z |
| format | Thesis |
| id | oxford-uuid:f7cff41f-ef6f-4abc-9663-6ddbaf6350e2 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T07:05:33Z |
| publishDate | 2019 |
| record_format | dspace |
| spelling | oxford-uuid:f7cff41f-ef6f-4abc-9663-6ddbaf6350e22022-05-03T08:30:18ZThe rules of standing of the European Union: a contextual understandingThesishttp://purl.org/coar/resource_type/c_bdccuuid:f7cff41f-ef6f-4abc-9663-6ddbaf6350e2LawAdministrative lawAdministrative law--European Union countriesEnglishHyrax Deposit2019Bradford, JGoudkamp, JYoung, ACraig, PDougan, M<p>This thesis looks at the context surrounding the EU standing rules for the individual applicant. It seeks to build upon the extensive academic literature on this topic, by further exploring how far this context can explain and justify the approach taken towards the rules themselves, which have generally been considered to be restrictive in character. The analysis is conducted by reference to a selection of factors which represent part of the wider constitutional context.</p> <p>The central arguments of this thesis are as follows: first, it is argued that that certain factors of the context (namely the underlying judicial strategy and the role of privileged applicants) go some way towards explaining the narrow approach taken. They also have some capacity (to a limited extent) to qualify one’s perception of the rules’ restrictive impact. This is outlined in Chapter Two. Then in the first part of Chapter Three, I consider the justificatory potential of these factors, exploring how far these elements are able to change the analysis as to whether or not the rules can be justified. It is argued that when they are judged against the standard of effective judicial protection as it emerges from some of the relevant cases then a possible, qualified justification can emerge. However, any such position is qualified by virtue of the various substantive and methodological difficulties with this approach.</p> <p>Secondly, this thesis contends that when we look at the standard of practical access to justice, the rules remain unjustifiable (even when we see them with the benefit of the contextual factors identified); in this sense they remain ‘overly narrow’. Consequently, the final part of Chapter Three offers some qualified avenues of reform for amending this context and improving the practical impact of these standing rules for the individual applicant.</p> |
| spellingShingle | Law Administrative law Administrative law--European Union countries Bradford, J The rules of standing of the European Union: a contextual understanding |
| title | The rules of standing of the European Union: a contextual understanding |
| title_full | The rules of standing of the European Union: a contextual understanding |
| title_fullStr | The rules of standing of the European Union: a contextual understanding |
| title_full_unstemmed | The rules of standing of the European Union: a contextual understanding |
| title_short | The rules of standing of the European Union: a contextual understanding |
| title_sort | rules of standing of the european union a contextual understanding |
| topic | Law Administrative law Administrative law--European Union countries |
| work_keys_str_mv | AT bradfordj therulesofstandingoftheeuropeanunionacontextualunderstanding AT bradfordj rulesofstandingoftheeuropeanunionacontextualunderstanding |