EU Procedural Law

EU Procedural Law’ in R Patterson & A. Sodersten, The Companion to EU and international Law, Wiley’s, 2014.

13 Pages Posted: 18 Sep 2014 Last revised: 2 Oct 2020

See all articles by Andrea Biondi

Andrea Biondi

King's College London - The Dickson Poon School of Law

Ravi S. Mehta

Independent

Date Written: September 16, 2014

Abstract

This chapter explores the procedural dimension of the process of European integration. This is a potentially vast area, both in terms of scope (given the now extremely extended substantive EU competences) and in terms of sources as it is based on both case law and harmonizing measures. It is also closely intertwined with well-established rules in national legal systems. Despite several reforms of EU competences, the enforcement of EU rights is still largely carried out by national procedures and courts, subject however to the respect of certain general limitations imposed by the Court of Justice of the European Union. In order to provide a systematization of this heterogeneous field, we analyze it through the prism of the EU Treaties and through three key features of EU procedural law: (a) the basic protections which are guaranteed within the context of EU law (b) the flexibility for national legal systems to retain their internal logic and (c) the desire to establish EU standards of procedural protection. The “classification” of the copious acquis communitaire this reveals, allows a critical view to be taken of the judicial analysis of the interests at issue to date.

Keywords: EU procedural law, effective judicial protection, EU courts, EU fundamental rights, Charter of Fundamental Rights, national courts

Suggested Citation

Biondi, Andrea and Mehta, Ravi S., EU Procedural Law (September 16, 2014). EU Procedural Law’ in R Patterson & A. Sodersten, The Companion to EU and international Law, Wiley’s, 2014., Available at SSRN: https://ssrn.com/abstract=2496902

Andrea Biondi (Contact Author)

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Ravi S. Mehta

Independent ( email )

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