Why There is no Principle of 'Procedural Autonomy' of the Member States
THE EUROPEAN COURT OF JUSTICE AND AUTONOMY OF THE MEMBER STATES, pp. 305 - 322, B. de Witte & H. Micklitz, eds., Intersentia, 2011
14 Pages Posted: 24 May 2010 Last revised: 11 Jan 2014
Date Written: May 24, 2010
The article offers a critical look at the dual requirement of equivalence and effectiveness and at the notion of "procedural autonomy" of the Member States in the area of procedures and remedies for the enforcement of EU law based rights before the Member States' courts. The first part of this article (points 2, 3 and 4) gives a short introduction into the case law and into some doctrinal visions concerning the requirements of equivalence and effectiveness. The second part of the article (points 5 and 6) critically examines these requirements, arguing that their simultaneous use is illogical, unpredictable and misleading and that it should be reconsidered. Finally, it is explained why, in the current state of EU law, there is no such principle as "procedural autonomy" of the Member States in the area of enforcement of EU law based rights on the national level.
Keywords: Enforcement of EU in the Member States, Procedural Autonomy, Equivalence, Effectiveness
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