PRINCIPE DE COOPERATION LOYALE ET PRINCIPE D’ATTRIBUTION DANS LE CADRE DE LA MISE EN ŒUVRE DU DROIT DE L’UNION

The relationship between the principle of conferral and the principle of loyal cooperation is to be considered in accordance with the level of their interference. Concerning procedural rules and remedies before the national judge, the conflict is regulated through the principles of effectiveness and effective judicial protection. The balance between effectiveness and procedural autonomy, as well as the European mandate of the national courts to ensure effective judicial protection, aims to preserve the principle of conferral with regard to the obligations of loyalty. Concerning constraints on the Member States’ reserved sphere, covering fundamental rights standards, identified within the scope of EU law and steming from the principle of loyalty, the proper balance of national interests and the principle of conferral relies, to a large extent, on the national judge.