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Principle of effective judicial protection
2020This chapter examines challenges for realizing effective judicial protection in composite national-EU administrative procedures where EU agencies may be involved. In this respect it discusses problems of jurisdiction, drawbacks of the system of composite judicial protection and judicial protection against agencies’ non-binding preparatory acts and soft
Prechal, A., Widdershoven, R.J.G.M.
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The Eurogroup and Effective Judicial Protection in the EU: Chrysostomides
SSRN Electronic Journal, 2020On 28 May 2020, Advocate General Pitruzzella delivered his Opinion in Chrysostomides. The case originated from the Cypriot financial crisis and the haircut of deposits that took place in the run-up to the financial assistance received by the country from the European Stability Mechanism in 2013. It concerns two appeals brought by the Council, supported
Menelaos Markakis, Anastasia Karatzia
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The Right to Effective Judicial Protection and Remedies in the EU
2012Given 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 ...
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'Right to an Effective Remedy': Judicial Protection and European Citizenship
SSRN Electronic Journal, 2004An individual's right to an effective remedy has long been seen as a fundamental right. Now entrenched in the Charter of Fundamental Rights and incorporated into the draft Constitution, this right is of necessity tied to the ongoing issue of individuals' access to the European Court of Justice and the Court of First Instance.
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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
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Provisions Directly Effective: Additional Judicial Protection of Individuals
1981Provisions 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 ...
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