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Academic

: Legal Theory Blog

Bobek on 'Procedural Autonomy' of EU Member State Courts

By Lawrence Solum

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Michal Bobek (European University Institute) Why There is no Principle of 'Procedural Autonomy' of the Member States (THE EUROPEAN COURT OF JUSTICE AND AUTONOMY OF THE MEMBER STATES, B. de Witte & H. Micklitz, eds., Intersentia, Forthcoming) on SSRN. Here is the abstract:

The article offers a critical look at the dual requirement of equivalence and effectiveness and at the notion of "procedural autonomy" of the Member States in the area of procedures and remedies for the enforcement of EU law based rights before the Member States' courts. The first part of this article (points 2, 3 and 4) gives a short introduction into the case law and into some doctrinal visions concerning the requirements of equivalence and effectiveness. The second part of the article (points 5 and 6) critically examines these requirements, arguing that their simultaneous use is illogical, unpredictable and misleading and that it should be reconsidered. Finally, it is explained why, in the current state of EU law, there is no such principle as "procedural autonomy" of the Member States in the area of enforcement of EU law based rights on the national level.

Full post as published by Legal Theory Blog on May 27, 2010 (boomark / email).