The fundamental right to an effective judicial protection and the rule of law in the EU and their impact on Member States’ administration of justice

Abstract

The recognition of effective judicial protection under European Union law affects national regulations on the administration of justice. There is no doubt that the competence to regulate and act upon matters relating to the organisation and functioning of the national judiciary is an exclusive national competence, not conferred to the Union by the Member States. However, over the last couple of years, the Court of Justice has been implying that national measures concerning the national administration of justice cannot be contrary to the regulations on judicial protection as recognised by the Union. This European regulation works as a limit to those national measures related to the administration of justice, opening the door to a judicial review (or control) of these measures; a judicial control that uses European Union law (that relating to effective judicial protection) as a parameter or measure of judgment (review or control of “europeanness”). These pages discuss on which legal bases, in which cases and with which mechanisms this review is taking place.