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Effective Judicial Protection in European Law

The Role of the National Judge

Paris, 15 February 2010 – 16 February 2010
(simultaneous interpretation)
Event number:

Areas of law:

Please note that there are no more places available!
For any requests please contact Ms Ute Beissel (ubeissel@era.int or Tel. +49 651 93737-31)

Over the past 45 years, the European Court of Justice has developed several doctrines that aim at uniform and effective application of European Law at national level. As partners in integration, it is the national courts’ task to apply, interpret and give effect to EU doctrines such as direct effect, consistent interpretation and the principle of effective judicial protection. It is thus fundamental that national judges correctly understand those principles, their scope and the precise obligations that flow from them.

This seminar will discuss the role of the national judge in ensuring effectiveness of European Law. It will, on the one hand, analyse the afore-mentioned concepts with a view to understanding their concrete implications for the national judge. On the other hand, the seminar will inquire into the challenges met by the national judiciaries when giving effect to European Law and protecting European Law rights. The seminar should enable a debate on how European Law is applied and enforced by national courts. It should provide a forum where national judges can exchange experiences and meet with European Law experts.

The seminar is divided into three parts. The first part addresses how EU Law enters the national systems and becomes applicable by the national judges. The second part of the seminar focuses on the relationship between national remedies and procedures and the EU Law principle of effective judicial protection. In this respect, the seminar will look at some particular effects that this principle has on national procedural autonomy such as the development of the principle of State Liability, the need to make certain 'European Law remedies' available in national courts and the national courts' obligation to raise EU Law issues ex officio. In the last part, a Rapporteur, having followed the seminar, will report on what particular challenges have been manifested for the national courts in providing effective judicial protection.

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Background Documentation
Documentation is available here for logged in participants at this event.



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