- Title Pages
- General Editors' Preface
- List of Contributors
- Table of Cases
- 1 Binding Unity in EU Legal Order: An Introduction
- 2 Experiences from Professional Practice: Some Steps towards Empirical Research
- 3 Translation at the Court of Justice of the European Communities
- 4 Rights in the European Landscape: A Historical and Comparative Profile
- 5 Rights in EU Law
- 6 EU Rights and Discretion as Reflected in Spanish Public Law
- 7 Protection of Rights: How Far?
- 8 On Discretion
- 9 Discretion, Divergence, and Unity
- 10 Divergence and the <i>Francovich</i> Remedy in German and English Courts
- 11 Stability and Flexibility in Administrative Decision Making: The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law
- 12 Democracy and Direct Effect: EU and National Perceptions
- 13 Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders
- 14 Laws at Cross-Purposes: Conceptual Confusion and Political Divergence<sup>1</sup>
- 15 Binding Unity and Divergence while Creating a Common European Culture of Energy Regulation
- 16 Conceptual Convergence and Judicial Cooperation in Sex Equality Law
- 17 On the Unity of European Labour Law
- 18 A Case of Multidirectional Constitutional Transplant in the EU: Infra-state Law and Regionalism
- 19 Back to the <i>Begriffshimmel</i>?<sup>1</sup> A Plea for an Analytical Perspective in European Law
- 20 Conceptual Divergence, Functionalism, and the Economics of Convergence
- 21 Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
Rights in EU Law
Rights in EU Law
- (p.91) 5 Rights in EU Law
- The Coherence of EU Law
- Oxford University Press
This chapter investigates the notion of EU rights, starting with a glance at the historical development of rights. This constitutes the starting point for discussions on the relationship between rights and judicial protection, on the differences between rights and interests, as well as on the basic characteristics and determination of EU rights. It argues that the EU model can bear similarities to certain aspects of established Member State models and can unite various elements from different national concepts. Insights into the national concepts are a starting point. However, an exploration of the concept of EU rights must go beyond this and should lead to an autonomous understanding. Apart from that, the significance of the national systems in the development of a concept of EU rights is limited to them being a mechanism of implementation that is subordinated to EU law.
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