Effective judicial protection and the rule of law in the EU and their impact on the administration of justice in the Member States

Abstract

The recognition of effective judicial protection under European Union law affects national regulations on the administration of justice. There is no doubt that the competence to regulate and act upon matters relating to the organisation and functioning of the national judiciary is an exclusively State competence, not transferred by the States. However, over the last couple of years, the Court of Justice has been implying that national measures concerning the national administration of justice cannot be contrary to the regulations on judicial protection as recognised by the Union. This European regulation works as a limit to those national measures relating to the administration of justice, making it possible to review their «Europeanness». These pages show on which legal bases, in which cases and with which mechanisms this review is taking place.