EU LAW RIGHTS AND NATIONAL REMEDIES: AN UNEASY PARTNERSHIP?

ABSTRACT

This article focuses on the European Union (EU) Court of justice and its relationship within the sphere of national remedies. It considers whether the time has come for the EU institutions to
harmonise EU remedies so that individuals will be able to have access to the same remedy when an
EU right has been breached. It evaluates the current path of the EU court in trying to achieve a
balance between securing a member state’s autonomy to create its own remedies and its procedural rules for accessing those remedies. This would be balanced with enforcing EU law across all member states and also securing effective judicial protection of EU rights so that all individuals will have adequate remedies available in their member states.

The current flaw is that EU rights vary across the member states, because of the lack of harmonisation in the area of remedies, since member states have varying legal systems with different levels of protection afforded to EU rights. The lack of EU wide remedies has led the EU Court to interfere within the remedial autonomy of a member state, in order to protect EU rights.

This article explores the implications of the EU Court’s direct interference within the national sphere of remedies and procedural rules when protecting EU rights.

Keywords: Effectiveness, EU Court of Justice, Procedural Rules, EU Rights, Remedies, EU Member
States.

FULL TEXT

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