[en] The integrative force of the Member States’ status on the judicial function is expressed through the loyalty obligation to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law (Art 19, par 1, subpar 2, TEU). Member States have to ensure access to the national judge, who has been entrusted with a European mandate, and who is in measure to cooperate with the Court of Justice through the preliminary reference procedure. The Member States establish in this way an integrated judicial function. The exercise of such a function by the national judge, in cooperation with the Court of Justice and under the control of the Member State, implies integrative dynamic, which however depends on the balancing exercise with national procedural autonomy and the margin of appreciation of the national judge.
[University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
