The fundamental right to an effective judicial protection enshrined in Art. 47 of the Charter of Fundamental Rights of the EU and its application by individuals before Courts of the EU Cover Image

Základné právo jednotlivca na účinnú súdnu ochranu upravené v článku 47 Charty základných práv EÚ a možnosti jeho uplatnenia v konaniac před súdmi Európskej únie
The fundamental right to an effective judicial protection enshrined in Art. 47 of the Charter of Fundamental Rights of the EU and its application by individuals before Courts of the EU

Author(s): Dominika Becková
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: the fundamental right to an effective judicial protection; the Court of Justice of the EU; national courts; procedural autonomy; sincere cooperation

Summary/Abstract: The effective judicial protection is nowadays an essential element of national legal orders, as well as of European Law, in so far as it allows individuals to enforce their rights and obtain redress. Conferring of an increasing number and content of rights that the European Union guarantees to individuals, it is necessary to create a complex system of EU legal remedies, which will ensure an effectiveness of enforcement of EU rights. The aim of the article is to introduce a legal basic and summarise essence of the fundamental right to an effective judicial protection enshrined in Art. 47 of the Charter. The author is focusing on individual’s options of application of its fundamental right to an effective judicial protection before courts of the EU. Before the Court of Justice of EU is the author focusing on preliminary rulings and proceedings based on Art. 263 (4) TFEU, and at the national level is the attention focused on the principle of national procedural autonomy, as one of key principles governing the enforcement of individuals rights guaranteed by Union law before national courts.

  • Issue Year: 64/2018
  • Issue No: 4
  • Page Range: 167-179
  • Page Count: 13
  • Language: Slovak