The Role of the Principle of Effectiveness in Establishing a Minimum Standard of Protection of EU Law Rights

Authors:

Pages: 191-198
DOI: https://doi.org/10.54664/DLLK5395

Abstract:

The principle of effectiveness, together with the principle of equivalence, is one of the two limitations imposed on the procedural autonomy of EU Member States. Through its application, the Court of Justice controls the divergent procedural rules in these states and derives a minimum standard of procedural protection. In cases where the national procedural rules do not meet the established standard, they should be set aside. Accordingly, by accumulating a significant volume of case law on the subject matter, the Court of Justice indirectly achieves harmonization of the procedural rules applicable in the Member States.

Keywords:

procedural autonomy; principle of effectiveness; indirect harmonization of procedural rules.

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