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The Coherence of EU LawThe Search for Unity in Divergent Concepts$
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Sacha Prechal and Bert van Roermund

Print publication date: 2008

Print ISBN-13: 9780199232468

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199232468.001.0001

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Rights in EU Law

Rights in EU Law

Chapter:
(p.91) 5 Rights in EU Law
Source:
The Coherence of EU Law
Author(s):

Saša Beljin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199232468.003.0005

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.

Keywords:   EU rights, judicial protection, national rights, national law, national systems

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