Log in

Relevant bibliographies by topics / Principle of an Effective Judicial Protection / Journal articles

To see the other types of publications on this topic, follow the link: Principle of an Effective Judicial Protection.

Journal articles on the topic 'Principle of an Effective Judicial Protection'

Author: Grafiati

Published: 5 September 2021

Last updated: 29 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Principle of an Effective Judicial Protection.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Prechal, Sacha. "Effective Judicial Protection: some recent developments – moving to the essence." Review of European Administrative Law 13, no. 2 (2020): 175–90. http://dx.doi.org/10.7590/187479820x15930701852319.

Full text

Abstract:

This article looks briefly into the evolution of the principle of effective judicial protection in EU law and into the relationship between the different manifestations of that principle, which is by now given expression in Article 47 CFR, Article 19 TEU and various provisions of secondary law. Next, it focusses on recent developments in the case law of the Court of Justice of the EU, which concern two central aspects of the principle of effective judicial protection: the compliance with court judgments and the independence of the judiciary. As far as the first topic is concerned, two rather e

APA, Harvard, Vancouver, ISO, and other styles

2

Caranta, Roberto. "How Many Appeals Does Effective Judicial Protection Require?" Review of European Administrative Law 15, no. 4 (2023): 31–43. http://dx.doi.org/10.7590/187479822x16744783124951.

Full text

Abstract:

In Randstad, the Court of Justice was improperly called to arbitrate competence conflicts amongst Italy's highest courts. Specifically, the Court was asked whether the EU principle of effective judicial protection required a third level review of decisions giving – or, rather, not giving – effect to substantive EU law provisions. While the somewhat hands off take on the principle of effective judicial protection was more than appropriate on the facts of the case given the residual procedural autonomy of the Member States, the judgement and – to some extent – the more demanding opinion of the A

APA, Harvard, Vancouver, ISO, and other styles

3

Bonelli, Matteo. "Effective Judicial Protection in EU Law: an Evolving Principle of a Constitutional Nature." Review of European Administrative Law 12, no. 2 (2019): 35–62. http://dx.doi.org/10.7590/187479819x15840066091240.

Full text

Abstract:

Effective judicial protection emerged as a EU law principle in the 1980s, operating alongside the Rewe principles of equivalence and effectiveness as a standard to assess national procedures for the enforcement of EU law. This article argues that the codification of effective judicial protection in Article 19 TEU and 47 of the Charter, operated by the Lisbon Treaty, has stimulated an evolution of the principle, which is evident in the recent case law of the Court of Justice. Today, effective judicial protection operates not only as a procedural principle, but also as a more substantive and str

APA, Harvard, Vancouver, ISO, and other styles

4

Machado-López, Libertad, and José Luis Castillo-Moreno. "Tutela judicial efectiva, garantía constitucional en la judicialización de la violencia contra la mujer." Revista Metropolitana de Ciencias Aplicadas 8, no. 3 (2025): 164–75. https://doi.org/10.62452/pa9ba219.

Full text

Abstract:

"Effective Judicial Protection" is essential in Ecuadorian law, especially in the judicialization of violence against women. This principle ensures access to justice and protects fundamental rights. The research focuses on evaluating how this principle is applied in cases of gender violence in Ecuador. Legal mechanisms, the effectiveness of judicial institutions and the application of laws protecting women are examined. Challenges such as lack of resources, deep-rooted cultural aspects, and structural issues that may hinder access to justice for affected women are explored. The study is not on

APA, Harvard, Vancouver, ISO, and other styles

5

Engström, Johanna. "The Principle of Effective Judicial Protection after the Lisbon Treaty." Review of European Administrative Law 4, no. 2 (2011): 53–68. http://dx.doi.org/10.7590/real_2011_02_04.

Full text

APA, Harvard, Vancouver, ISO, and other styles

6

Rostovskaya, K. V. "Current issues of selecting and applying effective remedies for the protection of violated rights in administrative proceedings in Ukraine." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 694–98. https://doi.org/10.24144/2788-6018.2025.02.103.

Full text

Abstract:

The article addresses current issues related to the selection and application of effective remedies for protecting violated rights in administrative proceedings in Ukraine. It highlights that one of the key mechanisms for protecting individuals’ rights in cases of challenging decisions, actions, or inactions of public authorities is administrative justice. The article emphasizes that administrative courts, in fulfilling their functions and administering justice based on the rule of law, assess the legality of such decisions, actions, or inactions of public authorities. At the same time, the im

APA, Harvard, Vancouver, ISO, and other styles

7

Reneman, Marcelle. "An EU Right to Interim Protection during Appeal Proceedings in Asylum Cases?" European Journal of Migration and Law 12, no. 4 (2010): 407–34. http://dx.doi.org/10.1163/157181610x535764.

Full text

Abstract:

AbstractDoes EU law provide for a right to interim protection in asylum cases and if so under what circumstances and in what form? These questions are addressed in this article on the basis of relevant EU legislation, the EU principle of effectiveness and the right to effective judicial protection, and finally international human rights law, which serves as a source of inspiration for these principles. It is argued that Article 39 of the Procedures Directive, interpreted in the light of the EU principle of effectiveness and the EU right to effective judicial protection, requires a remedy with

APA, Harvard, Vancouver, ISO, and other styles

8

Eliantonio, Mariolina. "Judicial Control of the EU Harmonized Standards: Entering a Black Hole?" Legal Issues of Economic Integration 44, Issue 4 (2017): 395–407. http://dx.doi.org/10.54648/leie2017022.

Full text

Abstract:

Ex ante control mechanisms in the EU standardization process exhibit several shortcomings. For this reason, it seems necessary to establish whether the ex post judicial review of the process may compensate for these shortcomings. This article aims at identifying the possible gaps of judicial protection in the review of EU harmonized standards. To this end, the mechanisms of judicial supervision available in the EU legal system are reviewed in order to establish whether the current level of judicial control of the EU standardization process complies with the principle of effective judicial prot

APA, Harvard, Vancouver, ISO, and other styles

9

Kochańska, Paulina. "The requirement for effective judicial protection as a part of the Rule of Law in European Union law." Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 35 (June 10, 2021): 51–67. http://dx.doi.org/10.19195/1733-5779.35.4.

Full text

Abstract:

This article aims to present the importance of ensuring effective judicial protection in the Member States of the European Union. Within the scope of the study, the substance and content of the rule of law were studied, with particular emphasis of court independence, an important part of the effective judicial protection principle (article 19 TEU and article 47 Charter of Fundamental Rights). The perspective was captured in general, directing the considerations directly towards the principle of effective judicial protection. The legal analysis was carried out in the light of the recent case-la

APA, Harvard, Vancouver, ISO, and other styles

10

Warin, Catherine. "A Dialectic of Effective Judicial Protection and Mutual Trust in the European Administrative Space: Towards the Transnational Judicial Review of Manifest Error?" Review of European Administrative Law 13, no. 4 (2021): 7–31. http://dx.doi.org/10.7590/187479820x16098444161640.

Full text

Abstract:

The courts of the EU's Member States have a duty to ensure the effective protection of individuals who are confronted with administrative decisions potentially infringing their rights. However, the principle of mutual trust is often understood as a limit to this protection. This is in so far as it requires domestic courts to abstain from reviewing decisions made by administrations of other Member States, even though such decisions may have effects beyond national boundaries. As transnational administrative procedures become increasingly frequent, this article analyses the implications of the p

APA, Harvard, Vancouver, ISO, and other styles

11

Tsourdi, Evangelia (Lilian). "Of Legislative Waves and Case law: Effective Judicial Protection, Right to an Effective Remedy and Proceduralisation in the EU Asylum Policy." Review of European Administrative Law 12, no. 2 (2019): 143–66. http://dx.doi.org/10.7590/187479819x15840066091286.

Full text

Abstract:

This article explores the multifaceted relationship between the principle of effective judicial protection, the fundamental right to an effective remedy, and secondary EU procedural rules in asylum. Proceduralisation has been an explicit goal of the EU asylum policy since its inception. It has materialised in three legislative waves. The first resulted in the creation of a basic set of procedural guarantees, alongside a plethora of exceptional procedures. The second resulted in modest improvements in terms of harmonisation, and adherence to fundamental rights, but saw exceptional procedural ar

APA, Harvard, Vancouver, ISO, and other styles

12

USKOV, Ihor. "The Criterion of the Effectiveness of Judicial Protection in Economic Procedural Law: Structural Elements." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 129 (2025): 76–80. https://doi.org/10.17721/1728-2195/2025/1.129-13.

Full text

Abstract:

Background. Commercial litigation is a key element in ensuring the protection of the rights of participants in commercial legal relations and shaping an attractive business climate in Ukraine. However, the lack of a clear definition of the concept of "effective judicial protection" leads to inconsistent interpretation of this criterion by courts, resulting in shortcomings in commercial litigation. Thus, there is an urgent need for a clear definition of the effectiveness of protection in the context of commercial litigation and the establishment of specific aspects for assessing the achievement

APA, Harvard, Vancouver, ISO, and other styles

13

Martufi, Adriano. "Effective judicial protection and the European arrest warrant: Navigating between procedural autonomy and mutual trust." Common Market Law Review 59, Issue 5 (2022): 1371–406. http://dx.doi.org/10.54648/cola2022095.

Full text

Abstract:

The article explores the ECJ case law on effective judicial protection in EAW proceedings, looking critically at the interpretation of Article 47 CFR in this context. The article reveals the approach to national procedural autonomy within the EAW case law, emerging most distinctly from the ECJ’s interpretation of “judicial authority” under Framework Decision 2002/584/JHA. The case law analysis challenges the scholarly arguments according to which the Court’s interpretation of Article 47 CFR has contributed to a significant erosion of national procedural autonomy. By contrast, the article concl

APA, Harvard, Vancouver, ISO, and other styles

14

Gentile, Giulia. "Ensuring Effective Judicial Review of EU Soft Law via the Action for Annulment before the EU Courts: a Plea for a Liberal-Constitutional Approach." European Constitutional Law Review 16, no. 3 (2020): 466–92. http://dx.doi.org/10.1017/s157401962000022x.

Full text

Abstract:

Judicial review of EU soft law – Liberal-constitutionalism – Principle of effective judicial protection – The liberal-constitutional jurisprudence of the European Court of Justice – Action for annulment – Formalistic understanding of the concept of ‘legally binding effects’ – Preliminary ruling procedure – Limitations of the preliminary ruling procedure in granting effective judicial protection in relation to EU soft law – A plea for a liberal-constitutional reading of Articles 263 and 288 TFEU in relation to direct review of EU soft law

APA, Harvard, Vancouver, ISO, and other styles

15

Gorbalinskyi, Volodymyr. "Methods of protection and discretionary powers in administrative jurisdiction: problems of law enforcement." Visegrad Journal on Human Rights, no. 4 (December 26, 2023): 35–39. http://dx.doi.org/10.61345/1339-7915.2023.4.6.

Full text

Abstract:

The article is devoted to the problems of the court’s discretionary powers in selected defenses that do not inform the law and are more effective. The article analyzes the peculiarities of the court going beyond the legal requirements and choosing other methods of protection than those requested by the requester. The purpose of the article is to explain the content and inter- judicial discretion in the context of the principle of the rule of law when deciding on the court’s choice of other ways of protecting rights and interests that are not legally binding and that are more effective. T

APA, Harvard, Vancouver, ISO, and other styles

16

Abdelkarim, Ya A. "Judicial Reasoning as a Mechanism for the Legal Protection of Children Against Digital Sexual Abuse and Child Pornography." Journal of Digital Technologies and Law 3, no. 2 (2025): 203–21. https://doi.org/10.21202/jdtl.2025.9.

Full text

Abstract:

Objective: to examine the contribution of judicial reasoning to the legislation interpretation, which is aimed at strengthening the legal protection of children against child pornography and digital sexual abuse under the rapid development of cyberspace. The study eliminates the gap in scientific knowledge concerning the possibilities of judicial interpretation as an alternative to the slow process of legislative amendments.Methods: the main methodological approach is the analysis of court decisions on child pornography and sexual abuse of children from 2018 to 2024. The author used comparativ

APA, Harvard, Vancouver, ISO, and other styles

17

Mattioli, Pietro. "The Quasi-Judicial Role of National Competent Authorities: an Ambiguity that the Principle of Effective Judicial Protection could help address?" Review of European Administrative Law 17, no. 2 (2024): 99–120. http://dx.doi.org/10.7590/187479824x17198441525157.

Full text

Abstract:

The article discusses the emerging quasi-judicial role of Member States' authorities competent for the enforcement of EU law at the national level. In various sectors, EU legislation entrusts these entities with tasks of dispute settlement, enforcement and protection of individuals' rights and interests, along with investigative and corrective powers, and safeguards of independence akin to those of national courts. At the same time, however, the EU legislator and the Court of Justice have not explicitly acknowledged the quasi-judicial role that these authorities are called to perform. In this

APA, Harvard, Vancouver, ISO, and other styles

18

Brito Bastos, Filipe. "An Administrative Crack in the EU’s Rule of Law: Composite Decision-making and Nonjusticiable National Law." European Constitutional Law Review 16, no. 1 (2020): 63–90. http://dx.doi.org/10.1017/s1574019620000073.

Full text

Abstract:

Composite administrative procedures – Exclusive jurisdiction of Union courts to review non-binding national preparatory acts – No jurisdiction of Union courts to enforce national law – Autonomy and uniformity of EU law – No judicial control possible of violation of domestic law by national authorities – National rule of law gap – Judicial review, effective judicial protection, and principle of administrative legality

APA, Harvard, Vancouver, ISO, and other styles

19

Králová, Alžbeta. "Legal remedies in asylum and immigration law: the balance between effectiveness and procedural autonomy?" Central European Public Administration Review 16, no. 1 (2018): 67–79. http://dx.doi.org/10.17573/cepar.v16i1.358.

Full text

Abstract:

The paper tackles a widely discussed but still rather under-researched area of asylum and immigration law, more precisely its procedural aspects and its interactions within the public administration and administrative judiciary. It contributes to the debate about the Europeanization of public administration within the specific context of asylum and immigration law.The purpose of the paper is to examine the influence of European Union law on the legal regulation of administrative and judicial review of decisions rendered in asylum and immigration procedures.The research is based on an in-depth

APA, Harvard, Vancouver, ISO, and other styles

20

Poli, Sara. "The right to effective judicial protection with respect to acts imposing restrictive measures and its ransformative force for the Common Foreign and Security Policy." Common Market Law Review 59, Issue 4 (2022): 1045–80. http://dx.doi.org/10.54648/cola2022072.

Full text

Abstract:

This article focuses on the scope and limits of the right to effective judicial protection (Art. 47 CFR) in the context of the Common Foreign and Security Policy (CFSP). This right has been broadly interpreted by the ECJ in a way that transforms this policy. The principle of effective judicial protection is used as a vehicle to assert the Court’s jurisdiction but also to extend access to the Court of Justice to third countries, as well as to protect individual rights, including those of former Heads of State or Government who are subject to judicial proceedings in their home country. The artic

APA, Harvard, Vancouver, ISO, and other styles

21

Shabalin, Andrii. "Judicial procedural issues of choosing an effective method of legal protection in civil cases." Theory and Practice of Intellectual Property, no. 3 (September 7, 2021): 67–75. http://dx.doi.org/10.33731/32021.239585.

Full text

Abstract:

Keywords: civil procedural protection, court effective way of protection, civilprocess The article is devoted to the study of Civil Procedureaspects of the court's application of a proper and effective method of protecting aviolated right within the frame of its own judicial discretion. Attention is paid to thestudy of the legal nature of civil protection, existing doctrinal positions, as well as thelegal and regulatory environment. The features of the exercise of discretionary powersby the court regarding the use of an effective method of protecting violated privatelaw have been establi

APA, Harvard, Vancouver, ISO, and other styles

22

Sevriukov, Denys. "INTERNATIONAL LEGAL GUARANTEES OF SOCIAL RIGHTS: ISSUES OF JUSTICIABILITY." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 123 (2022): 74–79. http://dx.doi.org/10.17721/1728-2195/2022/4.123-14.

Full text

Abstract:

The purpose of the article is to analyze doctrinal ideas about the nature of human rights, which promoted the idea of the principled unity of rights reflected in international legal provisions, that are strengthening the normative and institutional guarantees of judicial protection of social rights, as well as identifying problematic aspects of the justiciability of such rights is within the focus of the paper. The methodological basis of the research is the general scientific dialectical method of learning social phenomena in their interconnection and development. The formation of guarantees

APA, Harvard, Vancouver, ISO, and other styles

23

Іванцова, А. В. "ОСОБЛИВОСТІ ВИКОНАННЯ СУДОВИХ РІШЕНЬ В АДМІНІСТРАТИВНИХ ТА ГОСПОДАРСЬКИХ СУДАХ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 28 (30 березня 2021): 327–32. https://doi.org/10.5281/zenodo.5752088.

Full text

Abstract:

Legal remedy of human and civil rights and freedoms is the form of public protection. That is, the state undertakes the defence or reform of our rights in accordance with Art. 55 of the Constitution. The right to judicial protection also provides for specific guarantees recognized by law, effective restoration of rights, if any have been violated, through the administration of justice. Judicial control is considered to be one of the most effective means of influencing the running state of execution of court rulings; in Ukraine, it is carried out in accordance with the procedure established by

APA, Harvard, Vancouver, ISO, and other styles

24

Ryall, Áine. "Enforcing the Environmental Impact Assessment Directive in Ireland: Evolution of the Standard of Judicial Review." Transnational Environmental Law 7, no. 3 (2018): 515–34. http://dx.doi.org/10.1017/s2047102518000079.

Full text

Abstract:

AbstractThe specific characteristics of each national system of judicial review reflect the indigenous legal framework and well-established administrative culture. It is necessary, therefore, to contextualize judicial review against the background of the idiosyncrasies of the local legal and administrative systems and what the national system regards as ‘unlawful’ decision making. An analysis of the contemporary jurisprudence of the Irish courts – in the specific context of enforcement of environmental impact assessment law – reveals a complex web of principles, which continue to evolve and to

APA, Harvard, Vancouver, ISO, and other styles

25

Rangel Dinallo, Andressa, Samara Monayari Magalhães Silva, and Ana Augusta Rodrigues Westin Ebaid. "A INFLUÊNCIA DOS PRINCÍPIOS NAS DECISÕES JUDICIAIS." Colloquium Socialis 2, Especial 2 (2018): 58–62. http://dx.doi.org/10.5747/cs.2018.v02.nesp2.s0256.

Full text

Abstract:

The purpose of this paper is to examine the principle of justification in the light of constitutional principles - due to legal process, contradictory, natural judge - and the Democratic State of Law. This delimited the minimum content that a decision must include to be considered sufficiently motivated and to legitimize the judicial activity, providing a just, effective, timely and adequate legal protection, that affects not only the procedural subjects, but the society as inspector of the Judicial function. The purpose of this study was to present the importance of principles as the basis fo

APA, Harvard, Vancouver, ISO, and other styles

26

Śladkowski, Mariusz. "PRINCIPLES OF PROCEEDINGS IN A CONSTITUTIONAL COMPLAINT." Roczniki Administracji i Prawa 2, no. XXIII (2023): 137–54. http://dx.doi.org/10.5604/01.3001.0053.6800.

Full text

Abstract:

The constitutional complaint was introduced into the Polish legal order with the entry into force of the Constitution of the Republic of Poland of April 2, 1997. In accordance with the will of the legislator, the Polish model of a constitutional complaint has been shaped as narrow, both in the sphere of the objective scope, which by definition includes normative acts, and the scope of complaint protection granted to the complainant, which is of a limited nature. The doctrine rightly emphasizes that the Constitution of the Republic of Poland has relatively broadly defined the system of individu

APA, Harvard, Vancouver, ISO, and other styles

27

Panov, Stoyan. "Walking the line in times of crisis: EU fundamental rights, the foundational value of the rule of law and judicial response to the rule of law backsliding." Nordic Journal of European Law 6, no. 1 (2023): 60–88. http://dx.doi.org/10.36969/njel.v6i1.24796.

Full text

Abstract:

The research focus of the paper is on the relation between general principles, fundamental rights and the rule of law in the EU. The role of the judiciary is evaluated through the prism of the jurisprudence of the Court of Justice of the EU (CJEU) with a particular focus on the formula, introduced in the Associação Sindical dos Juízes Portugueses judgment and subsequent decisions by the CJEU, related to the rule of law and independence of the judiciary. A thorough assessment of the relation between fundamental rights, foundational values of the EU such as the rule of law and effective judicial

APA, Harvard, Vancouver, ISO, and other styles

28

Kovačević, Ljubinka. "Protection of jobseekers participating in job announcements and advertisements, and the right to an effective remedy in the general employment regime." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 263–84. http://dx.doi.org/10.5937/zrpfn0-26955.

Full text

Abstract:

Public job announcements and advertisements are instruments which provide for exercising the constitutional principle that all available jobs must be accessible to everyone under equal conditions. The application of this principle is most closely connected with the effective exercise of freedom of work and the right to work. For this reason, recruitment procedure cannot be beyond the scope of control which enables immediate elimination of irregularities in this procedure. In that context, this article discusses the issue of the right of participants in public announcements or job advertisement

APA, Harvard, Vancouver, ISO, and other styles

29

Snidevych, O. S. "The principle of procedural economy in judicial proceeding (discussion aspects)." Uzhhorod National University Herald. Series: Law 1, no. 81 (2024): 242–47. http://dx.doi.org/10.24144/2307-3322.2024.81.1.38.

Full text

Abstract:

This article analyzes the problematic issues of the principle of procedural economy in judicial proceedings. It is determined that, based on the philological approach, the principle of procedural economy in judicial proceedings means frugality, economy in spending something in a judicial proceeding. The author emphasizes that sometimes, under the guise of observance of the principle of procedural economy, the judicial proceedings implement ideas which, under certain conditions, are quite far from procedural economy. Such is the idea introduced by the Supreme Court into the court pr

APA, Harvard, Vancouver, ISO, and other styles

30

Patel, Priteshkumar Nareshbhai, and Dixit Patel. "PIL & the Right to a clean Environment under Article - 21." Royal International Global Journal of Advance and Applied Research 2, no. 2 (2025): 28–31. https://doi.org/10.5281/zenodo.15534530.

Full text

Abstract:

<strong><em>Abstract:</em></strong> <em>The concept of the right to a clean and healthy environment has evolved as a fundamental component of the right to life enshrined in Article 21 of the Indian Constitution. Public Interest Litigation (PIL) has emerged as a powerful judicial tool to enforce this right, enabling citizens and organizations to seek redressal for environmental grievances on behalf of the public. This abstract explores the interplay between Article 21 and PIL in safeguarding environmental rights, with a focus on landmark cases and judicial innovations in India.</em> <em>The stu

APA, Harvard, Vancouver, ISO, and other styles

31

Hernández Alfaro, Mati de los Ángeles. "El tratamiento de datos personales con fines jurisdiccionales y el ejercicio del derecho de autodeterminación informativa «Habeas Data»." Anuario de la Facultad de Derecho Universidad de Extremadura, no. 40 (March 24, 2025): 485–511. https://doi.org/10.17398/2695-7728.40.485.

Full text

Abstract:

The exercise of jurisdictional power requires an appropriate balance between the principle of publicity of the process and the protection of the personal data of those involved in the judicial procedure. This paper analyzes the regulatory framework governing the jurisdictional activity in this area and the practical difficulties generated by its scarce regulation with a view to the effective protection of the rights of the interested parties.

APA, Harvard, Vancouver, ISO, and other styles

32

Rozsnyai, Krisztina F. "The Procedural Autonomy of Hungarian Administrative Justice as a Precondition of Effective Judicial Protection." Studia Iuridica Lublinensia 30, no. 4 (2021): 491. http://dx.doi.org/10.17951/sil.2021.30.4.491-503.

Full text

Abstract:

<p>The article is aimed at showing the hesitant and slow developments whereby the Hungarian administrative justice should be approached to the dualistic model of administrative justice. After 40 years of almost total monism, and 25 years of transition, one decisive step was made with the promulgation of the Code of Administrative Court Procedure. The article investigates why its concept taking form in the declaration of the principle of autonomy of administrative court procedure rules is crucial for providing effective legal protection against administration in Hungary, and what safeguar

APA, Harvard, Vancouver, ISO, and other styles

33

Carmona Contreras, Ana M. "La construcción por el Tribunal de Justicia de la Unión Europea de un stándard común de protección de derechos del consumidor en los procedimientos de ejecución hipotecaria." Teoría y Realidad Constitucional, no. 39 (January 1, 2017): 307. http://dx.doi.org/10.5944/trc.39.2017.19149.

Full text

Abstract:

El presente artículo lleva a cabo un análisis de las sentencias del TJUE en las que se cuestiona el sistema español de ejecución hipotecaria en relación con la protección de los deudores. La aplicación concurrente del principio de efectividad y del derecho a la tutela judicial efectiva por parte de dichas resoluciones genera un doble y relevante efecto. Por un lado, contribuye activamente a elevar el estándar de protección jurisdiccional que asiste a los deudores hipotecarios en el espacio europeo. Por otro, pone claramente de manifiesto el escaso margen de maniobra que en este ámbito subsiste

APA, Harvard, Vancouver, ISO, and other styles

34

Prechal, Sacha. "Free Movement and Procedural Requirements: Proportionality Reconsidered." Legal Issues of Economic Integration 35, Issue 3 (2008): 201–16. http://dx.doi.org/10.54648/leie2008012.

Full text

Abstract:

In the area of free movement, the ECJ has formulated, as a part of the proportionality test, a number of guarantees as to administrative and judicial procedures. The present article argues that proportionality is no good rationale anymore for these guarantees, as better foundations may serve the general principle of effective judicial protection and good administration. This is nowadays not only a more fitting solution, but it also contributes to more coherence in European administrative law.

APA, Harvard, Vancouver, ISO, and other styles

35

Savytska, Natalya V. "ENSURING THE INTERNAL INDEPENDENCE OF ADMINISTRATIVE COURT JUDGES: SECURITY AND EDUCATION." Bulletin of Alfred Nobel University Series "Law" 1, no. 8 (2024): 75–81. http://dx.doi.org/10.32342/2709-6408-2024-1-8-8.

Full text

Abstract:

The independence of the judiciary is a fundamental element in ensuring the rule of law and the effective functioning of the judicial system in a democratic society. However, the implementation of this principle often faces numerous challenges and requires constant improvement of the mechanisms for its realization. This article is dedicated to examining the key directions for optimizing the foundations of internal judicial independence in administrative courts in Ukraine, considering the current socio-political context and the realities of the judicial branch’s functioning. The study presents p

APA, Harvard, Vancouver, ISO, and other styles

36

Zozulya, E. "Justice as a means of ensuring of the rule of law principle implementation." Analytical and Comparative Jurisprudence, no. 5 (October 12, 2024): 83–87. http://dx.doi.org/10.24144/2788-6018.2024.05.12.

Full text

Abstract:

The article examines the factors that determine the content and essential aspect of justice epistemology results. It was noted that in the conditions of globalization and integration processes, there is a necessity to create an effective justice system that would guarantee compliance with human rights and freedoms, ensure justice and legitimacy of state power. Justice itself acts as a key tool for the rule of law principle implementing, as it is designed to ensure the equality of all before the law, the independence of the judiciary and effective protection of rights and legitimate interests.

APA, Harvard, Vancouver, ISO, and other styles

37

Efimenko, N. V. "The content of the principle of officiality in the context of the purpose of administrative proceedings as a normative and value-based basis for the procedure for judicial appeal of regulatory legal acts." Analytical and Comparative Jurisprudence, no. 2 (April 28, 2025): 539–44. https://doi.org/10.24144/2788-6018.2025.02.80.

Full text

Abstract:

The article examines the principle of officiality in administrative justice as a normative and value-based foundation shaping the procedure of judicial review of normative legal acts. The author analyzes the current state of administrative justice in Ukraine, emphasizing the importance of correctly understanding the purpose of administrative justice, which simultaneously serves as a normative and value basis for fulfilling the social role of judicial protection of private individuals’ rights within public-law relations. It is highlighted that the principle of officiality obliges administrative

APA, Harvard, Vancouver, ISO, and other styles

38

Caranta, Roberto. "The interplay between EU legislation and effectiveness, effective judicial protection and the right to an effective remedy in EU public procurement law." Review of European Administrative Law 12, no. 2 (2019): 63–93. http://dx.doi.org/10.7590/187479819x15840066091259.

Full text

Abstract:

Until recently, the remedies directives were the only benchmark used by the Court of Justice to assess the legality of national remedial rules. The general principles of equivalence, effectiveness and effective judicial protection have been rarely invoked, and when they have, this has only happened in recent years. Recourse to the Charter has been even rarer and has only exceptionally resulted in accrued judicial protection as compared to what is already provided by the remedies directives. Today the Court seems in some cases to switch from being too focused on the remedies directives to becom

APA, Harvard, Vancouver, ISO, and other styles

39

Widdershoven, Rob. "National Procedural Autonomy and General EU Law Limits." Review of European Administrative Law 12, no. 2 (2019): 5–34. http://dx.doi.org/10.7590/187479819x15840066091222.

Full text

Abstract:

This article examines the recent approach of the European Court of Justice of the EU towards the applicability of procedural national law in cases falling within the scope of Union law. It argues that the Court increasingly assesses such rules within the framework of the principle of effective judicial protection, as bindingly codified in Article 47 of the Charter of Fundamental Right of the EU since December 2009. This test is gradually replacing the rather deferential test on the Rewe principles of equivalence and effectiveness and implies a further limitation of procedural autonomy of the M

APA, Harvard, Vancouver, ISO, and other styles

40

Ružičková, Valéria. "Effective Judicial Protection and the Regulation Implementing Enhanced Cooperation on the Establishment of the European Public Prosecutor's Office." Slovak Yearbook of European Union Law 2 (December 31, 2022): 33–48. http://dx.doi.org/10.54869/syeul.2022.2.320.

Full text

Abstract:

Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office contains several ambiguous provisions which spark the interest of European Union law scholars. One of them is the Recital 30 of said regulation, according to which where the national law of a Member State provides for the internal review of certain acts within the structure of the national prosecutor’s office, Member States should not be obliged to provide for review by national courts. The article therefore examines the notion of effective judi

APA, Harvard, Vancouver, ISO, and other styles

41

De Bellis, Maurizia. "Multi-level Administration, Inspections and Fundamental Rights: Is Judicial Protection Full and Effective?" German Law Journal 22, no. 3 (2021): 416–40. http://dx.doi.org/10.1017/glj.2021.14.

Full text

Abstract:

AbstractIn the last decades, an increasing number of EU institutions and agencies have been given the power to conduct administrative inspections. While the legal literature has traditionally focused on the Commission’s inspection powers in competition proceedings, the European Anti-Fraud Office (OLAF), the European Central Bank (ECB), the European Securities and Markets Authority (ESMA), the European Aviation Safety Agency (EASA), and the European Fisheries Control Agency (EFCA) are also entrusted with such powers. The Commission has also been granted inspection powers in the field of Food Sa

APA, Harvard, Vancouver, ISO, and other styles

42

Žuber, Bruna, and Tilen Majnik. "ENSURING EFFECTIVE JUDICIAL PROTECTION IN ADMINISTRATIVE DISPUTES THROUGH THE ANNULMENT POWER OF THE ADMINISTRATIVE JUDICIARY." Access to Justice in Eastern Europe 8, no. 2 (2025): 121–54. https://doi.org/10.33327/ajee-18-8.2-a000113.

Full text

Abstract:

Background: Judicial control of administrative action has traditionally focused on the legality of administrative acts with little regard for the consequences of the administrative dispute. This was changed by the European Court of Human Rights (ECtHR) through its interpretation of the right of access to court under Article 6 of the European Convention on Human Rights. The ECtHR expanded this right to include the enforceability of administrative court judgments, prompting a shift in the role of the administrative judiciary toward ensuring the effective resolution of disputes. This has influenc

APA, Harvard, Vancouver, ISO, and other styles

43

Ellingsen, Hilde. "State liability for judicial breaches under the EEA Agreement: The Köbler doctrine in EEA law." Maastricht Journal of European and Comparative Law 32, no. 2 (2025): 192–212. https://doi.org/10.1177/1023263x251341687.

Full text

Abstract:

This article delves into the principle of State liability for judicial breaches under the EEA Agreement. The European Court of Justice (ECJ) has established that Member States can be held liable for violations of EU law by their courts of last instance. The article examines the differences between the EU and EEA legal orders and explores how these differences may influence the application of the State liability doctrine in EEA law. It argues that the level of effective judicial protection in the EFTA pillar of the EEA Agreement should be on par with that in the EU, and therefore State liabilit

APA, Harvard, Vancouver, ISO, and other styles

44

Mazovita, A. B. "Openness of the judiciary and legal boundaries of public participation." Uzhhorod National University Herald. Series: Law 5, no. 86 (2025): 175–80. https://doi.org/10.24144/2307-3322.2024.86.5.26.

Full text

Abstract:

The judicial branch of government is fundamentally distinct from the executive and legislative branches. Legal norms governing judicial proceedings strictly limit external influence on the courts’ decision-making process. Courts operate independently from other state bodies, are shielded from external interference, and function within a framework meticulously regulated by law. However, in practice, it is challenging to confine judicial proceedings entirely to a professional legal framework or eliminate all potential social influences on the process. The quality of a judiciary is a crucial indi

APA, Harvard, Vancouver, ISO, and other styles

45

Koldashov, Arthur, and Darya Hroza. "Judicial activism in Ukraine: advantages, risks and legal boundaries." Law and innovations, no. 4 (48) (December 12, 2024): 56–61. https://doi.org/10.37772/2518-1718-2024-4(48)-7.

Full text

Abstract:

Problem setting. The problem of judicial activism in Ukraine is complex and multifaceted, as it touches on the fundamental principles of the legal system and the functioning of the judicial branch of power. Judicial activism implies that judges can go beyond the traditional role of an arbitrator and actively intervene in lawmaking by interpreting laws or even creating new norms. Such an approach can have both positive consequences, in particular, in cases where the legislative branch does not provide proper legal regulation, and serious risks to law and order and constitutional stability. The

APA, Harvard, Vancouver, ISO, and other styles

46

Berch, V. V. "Judicial people’s power: concepts, forms." Uzhhorod National University Herald. Series: Law 2, no. 80 (2024): 224–29. http://dx.doi.org/10.24144/2307-3322.2023.80.2.35.

Full text

Abstract:

It is emphasized that the concept of “judicial people’s power” defines a key aspect of the judicial system in democratic societies. This phenomenon reflects the fundamental idea that the judicial power, usually exercised by judges, should function under conditions of active influence and control of citizens, who are the main subjects of state power in a democratic system. It has been established that the study of judicial people’s power is of great importance for strengthening democracy, legal state formation and ensuring justice in modern societies. It promotes the development of effect

APA, Harvard, Vancouver, ISO, and other styles

47

Dunaieva, Tetiana. "THE ROLE OF DECISIONS OF THE CONSTITUTIONAL COURT OF UKRAINE IN ENSURING PROPORTIONALITY AND THE RULE OF LAW IN JUDICIAL PRACTICE." Journal of V. N. Karazin Kharkiv National University, Series "Law", no. 32 (December 27, 2021): 54–60. http://dx.doi.org/10.26565/2075-1834-2021-32-08.

Full text

Abstract:

ANNOTATION: Introduction. In Ukraine, the principle of the rule of law is recognized and operates as a modern principle of the Ukrainian law system. The Constitution of Ukraine has the highest legal force. Laws and other normative legal acts are adopted on the basis of the Constitution of Ukraine and must comply with it. The Constitutional Court of Ukraine decides on the compliance of the Constitution of Ukraine with the laws of Ukraine and other normative acts, and carries out the official interpretation of the Constitution of Ukraine. The Constitutional Court of Ukraine determines the norms

APA, Harvard, Vancouver, ISO, and other styles

48

AMIR, Firman, Marina Tresna Ayu MEIFANI, SATRIADI, Aries SETIYONO, MIKO, and Mutia Evi KRISTHY. "Implementation of the Legality Principle in the Criminal Justice System of Indonesia." Journal of Political And Legal Sovereignty 1, no. 4 (2024): 123–29. https://doi.org/10.38142/jpls.v1i4.139.

Full text

Abstract:

Purpose:The legality principle, a fundamental concept in Indonesian criminal law, underpins the legal framework for societal order. Originating from historical roots, it ensures justice, human rights protection, and transparent law enforcement. Article 1 Paragraph 1 of the Criminal Code solidifies its significance in Indonesian positive law. By examining the historical evolution, implications, and challenges of the legality principle, this article aims to deepen the comprehension of its impact on Indonesian criminal law. The ultimate goal is to contribute to a just and effective judicial syste

APA, Harvard, Vancouver, ISO, and other styles

49

AMIR, Firman, Marina Tresna Ayu MEIFANI, SATRIADI, Aries SETIYONO, MIKO, and Mutia Evi KRISTHY. "Implementation of the Legality Principle in the Criminal Justice System of Indonesia." Journal of Political And Legal Sovereignty 1, no. 2 (2023): 123–29. http://dx.doi.org/10.38142/jpls.v1i2.139.

Full text

Abstract:

Purpose:The legality principle, a fundamental concept in Indonesian criminal law, underpins the legal framework for societal order. Originating from historical roots, it ensures justice, human rights protection, and transparent law enforcement. Article 1 Paragraph 1 of the Criminal Code solidifies its significance in Indonesian positive law. By examining the historical evolution, implications, and challenges of the legality principle, this article aims to deepen the comprehension of its impact on Indonesian criminal law. The ultimate goal is to contribute to a just and effective judicial syste

APA, Harvard, Vancouver, ISO, and other styles

50

Andika Kelvin Franata Pakpahan, Bambang Fitrianto, Nico Saputra Nasution, and Ahmad Ridwan Nasution. "Implementasi Asas Fair Trial dan Open Justice dalam Legal Memorandum dan Eksaminasi sebagai Sarana Pengawasan Akuntabilitas Hakim." Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 4, no. 1 (2025): 497–510. https://doi.org/10.55606/jurrish.v4i1.5160.

Full text

Abstract:

The enforcement of fair and transparent justice requires a firm guarantee of the principles of fair trial and open justice within the judicial system. These two principles are fundamental to the protection of human rights and serve as essential mechanisms to ensure the accountability of judges as executors of judicial power. This study aims to analyze the implementation of fair trial and open justice principles in judicial oversight practices through the instruments of legal memorandum and public examination (eksaminasi). This research employs a normative method with a statutory and document-b

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!