Identifying Individual Rights in EU Law

Abstract

After six decades of development of EU law, the concept of an ‘individual right’ under EU law is still evolving and diverging concepts of the notion of an individual right are in use. This is problematic since the notion of an individual right is central to the entire legal system. Under the principle of Ubi Ius Ibi Remedium the identification of the individual right grants the 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 of 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 concept of an ‘individual right’ under EU law is thus a central matter for EU constitutional law as well as EU administrative law. This article discusses various approaches to the concept and presents a model allowing for consistent interpretation and application of EU legal acts by Union bodies as well as by Member States legislatures, administrations and courts.