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- Title
THE CURRENT STATE OF NATIONAL PROCEDURAL AUTONOMY: A PRINCIPLE IN MOTION.
- Authors
Baghrizabehi, Denis
- Abstract
The principle of national procedural autonomy stipulates that Member states are free to set up their own (procedural) rules (and remedies therein) which govern the enforcement of EU law. However, Member states do not enjoy thorough autonomy in doing so, since they are (primarily) limited with the principle of effectiveness and the principle of equivalence. Because the array of procedural rules is vast and diversified throughout administrative, civil and criminal law, it comes as no surprise that the actual scope of procedural autonomy differs significantly from one issue to another. Academic discourse has occasionally tackled with the fractured scope of procedural autonomy, attempting to define the principle and its internal workings in various ways, while some authors have even gone so far as to deny its very existence. In this article, the author avoids the pursuit of a unified conceptualization of the subject- matter. Rather, the article fully embraces the fragmented reality of procedural autonomy and ascribes it to the particularities stemming from the demanding goals of procedural law. The article provides the reader with a brief, yet fairly concise descriptive presentation on the current state of play in regards to the understanding of the principle of national procedural autonomy and reinforces the need for pursuing a balanced approach to the principle and its limitations.
- Subjects
EUROPEAN Union; GUIDELINES; LEGAL professions; ENFORCEMENT; ACADEMIC discourse
- Publication
InterEULawEast: Journal for International & European Law, Economics & Market Integrations, 2016, Vol 3, Issue 1, p13
- ISSN
1849-3734
- Publication type
Article