Effective judicial protection in EU Law: An evolving principle of a constitutional nature

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Abstract

Effective judicial protection emerged as a EU law principle in the 1980s, operating, alongside the Rewe principles of equivalence and effectiveness, as a standard to assess national procedures for the enforcement of EU law. This article argues that the codification of effective judicial protection in Article 19 TEU and 47 of the Charter, operated by the Lisbon Treaty, has stimulated an evolution of the principle, which is evident in the recent case law of the Court of Justice. Today, effective judicial protection operates now only as a procedural principle, but also as a more substantive and structural one, and has generally acquired a broader constitutional relevance. This evolution has crucial effects on the EU legal order: most importantly, it affects the division of competences between Member States and the EU, and between the Court of Justice and national courts.
Original languageEnglish
Pages (from-to)35-62
JournalReview of European Administrative Law
Volume12
Issue number2
Publication statusPublished - 2019

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