Volume 51 (2014)

Volume 51 (2014) / Issue 5

René Barents, 'EU procedural law and effective legal protection' (2014) 51 Common Market Law Review, Issue 5, pp. 1437–1461


The procedures in direct actions before the three courts of the European Union are governed by strict rules, laid down in the Statute of the CJEU and the Rules of Procedure of the CJ, the GC and the CST, on the subject-matter of the dispute, the forms of order sought and the pleas supporting the action. In this article the system of pleas and its consequences for the function of the Union judicature and the position of the parties in the proceedings before the Union Courts are examined. Due to this system, EU procedural law is featured by a rather strong orientation towards objective legality review. The central question is this contribution is whether the proceedings in direct actions are still fully appropriate in the light of the fundamental right to an effective remedy and to a fair trial as required by Article 47 Charter of Fundamental Rights.

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ISSN: 0165-0750
ID: COLA2014112