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THE ABUSE OF RIGHTS IN THE ACTION FOR THE PROTECTION AND THE EFFECTIVE JUDICIAL PROTECTION

The present research study focuses on the inadequate use of the Action for Protection, distorting its original purpose and generating problems for the operators of justice, which causes a violation of the effective judicial protection, even causing an unnecessary workload and has affected principles such as procedural economy, concentration and ...
Loachamin Ñacato, Stalin Andrés   +3 more
openaire   +1 more source

The Right to Effective Judicial Protection and Remedies in the EU

2012
Given some important amendments of the European Treaties and recent case-law of the courts at the European and national levels this article seeks to establish to what extent the fundamental right to an effective remedy and judicial protection of rights and freedoms guaranteed by Union law (Article 47 of the European Charter of Fundamental Rights) is ...
openaire   +1 more source

Provisions Directly Effective: Additional Judicial Protection of Individuals

1981
Provisions of Community law producing direct effect in the national legal order of the Member States is one of the most striking features of the Community legal order. Thanks to Article 177 and the preliminary proceeding it instituted and, furthermore, thanks to the readiness of national courts to use it, the Court could develop this notion, so ...
openaire   +1 more source

Effectiveness of Judicial Protection and the Constitutional Order

International Journal of Legal Information, 1983
openaire   +1 more source

Rule of Law, Effective Protection of Rights and Independence of the Judicial System

This chapter focuses on the interpenetration that exists between the principle of judicial independence and that of the effective protection of rights, underlined by the ongoing rulings of both the CJEU and the ECtHR. Indeed, the renewed importance attributed to the guarantee of this principle has emerged today in the light of a series of internal ...
openaire   +2 more sources

Judicial determination of an effective and legitimate remedy for private rights and interests

International Journal of Public Law and Policy, 2022
Mykola O Stefanchuk
exaly  

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