Table of Cases
Table of Treaties and Legislation
List of Abbreviations
List of Contributors
CONTENTS
1. Introduction
Eugène Buttigieg
vii
xxv
xxxiii
xxv
1
Part I. The Effect of EU Law in the Maltese Legal System –
What it means for the Individual
2. The Effectiveness of EU Law in Proceedings before National Courts 9
Rosa M Greaves
3. Effectiveness of EU Law at the National Level: The Maltese Experience So Far 17
Ivan Sammut
4. EU Law – A National Judge's Perspective
David Paul Scicluna
37
Part II. Effective Remedies for the Individual
5. National Remedies for Private Parties in the Light of the EU Law Principles of
Equivalence and Effectiveness
Koen Lenaerts
43
6. State Liability in Damages: General Trends and Recent Developments
Takis Tridimas
65
7. Remedies under Maltese Law for Wrongful State Action in Breach of EU Law:
A Case of Crying Over Spilt Milk?
Kevin Aquilina
87
Part III. Public Enforcement of EU Law
8. Trends and Challenges in the Public Enforcement of EU Law
Maartje de Visser
Part IV. Judicial Review and Human Rights Protection
9. Access to Judicial Review in the EU and National Courts
Christopher Vajda Q.C.
133
149
vi Contents
10. Human Rights Protection before the National Courts, the Court of Justice and the European Court of Human Rights in respect of EU Measures and National
Measures falling within the Scope of EU Law 157
Rick Lawson
Part V. Seeking Redress and Assistance outside the Courts
11. The European Ombudsman, a Non-Judicial Redress Mechanism for EU Citizens 179
Olivier Verheecke
12. The Maltese Parliamentary Ombudsman – A Non-Judicial Guarantor of the
Fundamental Human Right to Good Administration that Citizens enjoy under
National and EU Legislation
Joseph Said Pullicino
13. SOLVIT: Effectively Solving your Problems in Europe
Noel Bartolo
189
199