Judicial Review; Fundamental Rights; Article 47 Charter
Abstract :
[en] The following analysis looks at the right to an effective judicial remedy - recognized as a right arising from General Principles of EU law as well as being explicitly listed in Article 47 CFR - in its relation to the principle of effectiveness – a sub-principle of the Member State obligation to sincere cooperation. This brief overview looks at the right’s constitutional context, the scope of protection recognized by it, as well as the possible limitations of the right. The chapter ends by evoking some open questions and requirements for future developments.
Disciplines :
European & international law
Author, co-author :
Hofmann, Herwig ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit
Language :
English
Title :
Effective Judicial Remedies Before the National Courts