The Right to an ‘Effective Judicial Remedy’ and the Changing Conditions of Implementing EU Law

19 Pages Posted: 12 Jul 2013

Date Written: July 11, 2013

Abstract

One of the key principles of law allowing for the development and consequent enforcement of EU law in the past decades is the right to an effective judicial remedy. This working paper summarises its effects, outlines its main sources, its scope of protection, its limits and some future challenges to its application within the EU’s complex system of implementation of EU law. The special difficulties for a system of remedies arises from the parallel existence of implementation of EU law by Member States bodies mostly undertaken in horizontal cooperation with other Member States and vertically with EU institutions bodies and agencies. This cooperation is often highly proceduralised which makes it challenging to identify responsibilities and thus allocate remedies.

Suggested Citation

Hofmann, Herwig C.H., The Right to an ‘Effective Judicial Remedy’ and the Changing Conditions of Implementing EU Law (July 11, 2013). University of Luxembourg Law Working Paper No. 2013-02, Available at SSRN: https://ssrn.com/abstract=2292542 or http://dx.doi.org/10.2139/ssrn.2292542

Herwig C.H. Hofmann (Contact Author)

Universite du Luxembourg ( email )

Luxembourg
Luxembourg

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