Sentences with phrase «effective judicial protection»

This the Court achieved by claiming that the principle of effective judicial protection constitutes a «a general principle of EU law stemming from the constitutional traditions common to the Member States», enshrined in Articles 6 and 13 of the ECHR and «reaffirmed» by Article 47 of the Charter (para. 35).

In the case of the CFSP the national courts replace the CJEU and have to ensure effective judicial protection of individuals also in the absence of the Court's competence to make preliminary rulings and monopoly to annul EU law (AG view, para 102).

The Government of Catalonia has announced that it will challenge the constitutionality of the Ley, on the basis that it is contrary to Article 24 of the Spanish Constitution, which guarantees effective judicial protection.

This right is one of the aspects of the right to effective judicial protection enshrined in Article 47 of the Charter.

Firstly, the ECJ could suggest that balancing the obligation stemming from Article 325 TFEU and the right to effective judicial protection read in light of the general principle of legal certainty, in accordance with the proportionality principle, requires a counter-limitation of the period in which we can still extend the statutes of limitations periods.

The Court was called to examine the compatibility of this system with the Directive, with the freedom of establishment and with the principle of effective judicial protection and the rights of defence as enshrined in Articles 47 of the Charter of Fundamental Rights and 6 (2) of the European Convention on Human Rights.

«does not enable an organisation such as LZ to be ensured effective judicial protection of the various specific rights inherent in the right of public participation, within the meaning of Article 6 of the Aarhus Convention» (para 68).

This was buttressed, by Art 47 of the Charter of Fundamental Rights which guarantees effective judicial protection.

The CJEU separately analyzed three different elements of the principle of effective judicial protection: right of access to a tribunal and principles of nemo iudex in sua causa (no one can be a judge in his own cause) and equality of arms.

The main controversy in the case was whether the principle of effective judicial protection was adequately safeguarded.

This choice has led to much criticism because many considered the Plaumann formula too strict and liable to compromise the effective judicial protection of individuals affected by EU legal acts.

The case concerns the principle of effective judicial protection (laid down in Article 47 of EUCFR) and the private enforcement of competition law.

The obligation imposed on an individual to stand criminal trial regardless of previously established statutes of limitations periods interferes undoubtedly with the fundamental right to effective judicial protection, safeguarded by Article 47 of the Charter.

Hence, national courts must balance between the obligation to protect the financial interests of the EU and the fundamental right to effective judicial protection.

During the annulment proceedings Germany argued that the EU lacked competence in the matter and acted in violation of the principle of conferral, the obligation to state reasons, the principle of sincere cooperation, together with the principle of effective judicial protection.

The point would be to milden the firm obligation to enforce Article 325 TFEU and disapply the statutes of limitations periods, imposed upon national courts in Taricco I, to the extent that the ICC could decide that the considerations of effective judicial protection and legal certainty preclude in general the disapplication of statutes of limitations periods.

In response, the defendants argued that the fact that Commission, which had previously imposed the fine in the antitrust proceedings, also represents the EU in such civil proceedings infringed the principle of effective judicial protection.

the measures did not involve any breach of the Council's obligation to state reasons, nor of Rosneft's right of access to the file, rights of defence or right to effective judicial protection, nor any misuse of power, or breach of the principle of proportionality;

Infringement of the obligation to state reasons, the banks» rights of defence and their right to effective judicial protection

The banks thus argued that their fundamental rights of defence and their right to effective judicial protection were breached and that the Council violated its obligation to give reasons for their designation.

Before arriving at this conclusion, the CJEU started its analysis under Article 47 of the Charter (which provides that «everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law») and its related principle of effective judicial protection (paras 77 - 78 (references derive from the Kendrion judgment)-RRB-.

In the following paragraphs, the Court then examined the penalty system in the light of EU fundamental rights, but found it — essentially based on its features as already set out previously under Article 12 of the Directive — to be compatible with the principles of effective judicial protection and respect for the rights of the defence.

The newly enriched requirement of «effective judicial protection», it turns out, demands nothing more or less than to having «courts and tribunals» in the sense that that concept has been defined in qualifying bodies entitled to send preliminary references to the Court.

What emerges as a pattern from all this case law is the following: The EU judiciary never failed to stress the overarching importance of effective judicial protection and fundamental rights, but at the same time managed to keep Mr Kadi on the list and consequently the EU in compliance with UN obligations (I will not go into whether, how and to which extent the EU is actually bound to the UN).

On 27 February 2018, the European Court of Justice (ECJ) delivered its judgment in the Associação Sindical dos Juízes Portugueses case (C - 64 / 16), a judgment which, for its relevance for effective judicial protection and the rule of law in the EU, is already compared with Les Verts (here).

There is therefore a close relationship between the obligation to state reasons and the fundamental right to effective judicial protection and the right to an effective remedy under Article 47 of the Charter of Fundamental Rights.

As far as the Charter is concerned, the Judge held that the establishment of a fee linked to the provision of a public service, the cost of which can reach up to 10,500 euro, constituted an obstacle to the right of effective judicial protection, as it is laid down in Article 47 of the Charter.

it is for the national court, in order to ensure effective judicial protection in the fields covered by EU environmental law, to interpret its national law in a way which, to the fullest extent possible, is consistent with the objectives laid down in Article 9 (3) of the Aarhus Convention.

Likewise, the Court observes that legislation not providing for any possibility for an individual to pursue legal remedies in order to have access to personal data relating to him, or to obtain the rectification or erasure of such data, compromises the essence of the fundamental right to effective judicial protection, the existence of such a possibility being inherent in the existence of the rule of law.