Journal of the Charles University Law Faculty
Jan Burda
Author’s affiliation:
Faculty of Law, Masaryk University Brno
Right to an Effective Judicial Remedy As a Limit to the Procedural Autonomy of the Member States of the EU
Jurisprudence 2/2026 Section: Articles Page: 8-18
Keywords: effective judicial protection, procedural autonomy, principle of effectiveness, Rewe criteria
Abstract: The paper focuses on an analysis of the principle of effective judicial protection embedded in Article 19(1) TEU and Article 47 of the EU Charter. It points out its dual nature as both a principle delimiting the institutional set-up of the Union and a principle safeguarding individuals’ interests arising from EU law. In particular, it shows that despite originally starting as an offshoot of the Rewe principle of effectiveness governing domestic procedural provisions, it grew in importance and not only became a distinct threshold against which domestic procedural norms are tested, but also acquired qualitatively unique characteristics enabling it to exert EU law’s influence into domestic procedure with higher intensity than the original principle of effectiveness. This, in turn, gives it more potency to serve as the Court of Justice’s go-to framework for balancing the interests of EU law and those of domestic procedure.
