The Right to an Effective Remedy and to a Fair Trial - Article 47 of the Charter and the Member States

The following analysis of the right to an effective remedy with respect to the Member States analyses the right to effective remedies in its constitutional context (a), before turning to the concept of the rights and freedoms under Union law as the ‘ius’ protected by the right to an effective remedy enshrining the latin maxime of ubi ius, ibi remedium into EU law (b). The commentary then turns to the questions of the diverse dimensions of the scope of protection offered under the right to an effective judicial remedy (c), as well as the possible limitations of the right (d). The chapter ends by evoking some open questions and requirements for future developments (f).