Effective Judicial Protection. Landmarks of Recent Case Law of the Court of Justice of the European Union
The principle of effective judicial protection, established by jurisprudence as one of the constitutive elements of a rule of law at the level of the European Union, is now enshrined in the primary law of the Union both as an obligation for the Member States (Article 19(1) paragraph 2 of the Treaty of the European Union), and as a right guaranteed to individuals (Article 47 of the Charter of Fundamental Rights). The article will mainly analyze the obligation for Member States to ”provide remedies sufficient to ensure effective legal protection in the fields covered by Union law”, trying to identify, on the basis of the case-law of the Court of Justice of the European Union, the content of this obligation and its main implications in the internal legal systems of the Member States. The analysis of the various meanings of effective judicial protection requires the analysis of its relationship with other principles of Union law, as well as with the right to an effective remedy enshrined in Article 47 of the Charter of Fundamental Rights. Will be highlighted the autonomous dimension recognized by the case-law to the obligation laid down in Article 19(1) paragraph 2 TEU to guarantee the functioning of the decentralized system for the protection of EU rights via the preliminary reference procedure and it is assessed that it may impose certain obligations on Member States even if they do not implement or act within the scope of EU law in the strict sense.
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