The Concept of an Individual Right under Union Law
The Concept of an Individual Right under Union Law

Author(s): Herwig C.H. Hofmann, Catherine Warin
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Administrative Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: Union law; individual right; Court of Justice of the EU
Summary/Abstract: After six decades of development of EU law, individual rights under EU law are subject to divergent conceptual understandings. This is problematic since the notion of an individual right is central to the EU’s legal system and its implementation. Under the principle of ubi ius ibi remedium, the identification of an individual right grants access to judicial protection before national courts and the Court of Justice of the EU (CJEU), including in the context of claims to damages for violations of EU law. The concept of an individual right defines and delimits the scope of the possible direct effect of EU law in its Member States’ legal systems and is the distinctive characteristic distinguishing rights from principles under the EU Charter of Fundamental Rights. The notion is thus a central matter for EU constitutional law as well as EU administrative law. This article discusses various approaches to the concept and reviews how consistent interpretation and application of EU legal acts by Union bodies as well as by Member States legislatures, administrations and courts under a single notion of individual right under EU law could be possible.

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