‘Adequate Judicial Protection’ and Effective Application of EU Law in the Context of National Enforcement, Remedies and Compensation

Abstract

EU law on judicial protection before Member State courts plays an essential role as to practical significance of EU law. This essay studies the so-called procedural autonomy case law of the Court of Justice of the European Union, focusing on requirements for national remedial and procedural law and for national judgments. Judicial protection and related Member State obligations are manifold issues in EU law. In addition to the conundrum relating to the principle of and right to efficient judicial protection and their relationship to ‘Member State procedural autonomy’ principles of effectiveness and equivalence, nuances are visible in procedural autonomy reasoning itself. Aiming for effective application of EU law appears to lead to full effect-focused demands for national treatment so that interventions by the Court of Justice cannot be fully explained by the basic wordings of the principles of effectiveness and equivalence. A requirement of ‘adequate judicial protection’, which at times seems to be a facet of, especially, the principle of effectiveness but which may also ‘extend’ the twin principles, renders EU law on national enforcement complex. Instances where more stringent demands for national systems are relevant, as well as the detailed effects, are difficult to discern. This results in lack of clarity as to how national courts must treat future cases.

Keywords: Compensation, Damages liability, EU law, Full effectiveness of EU law, Individual liability, Judicial protection, Member State liability, National courts, Principle of effectiveness, Principle of equivalence, Procedural autonomy of Member States