TY - JOUR
T1 - Effective judicial protection in EU Law: An evolving principle of a constitutional nature
AU - Bonelli, Matteo
N1 - Publisher Copyright:
© The Author(s) 2019.
PY - 2019
Y1 - 2019
N2 - 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.
AB - 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.
U2 - 10.7590/187479819X15840066091240
DO - 10.7590/187479819X15840066091240
M3 - Article
SN - 1874-7981
VL - 12
SP - 35
EP - 62
JO - Review of European Administrative Law
JF - Review of European Administrative Law
IS - 2
ER -