Judicial Protection in the EU 2200-1PS025-ERA

The course provides an in-depth analysis of the system of judicial protection in the European Union, comprising both the Court of Justice and national courts. Therefore, not only the various types of proceedings before the Court of Justice, but also the role of Member States and national courts in ensuring effective judicial protection are discussed. Particular attention is given to the preliminary ruling procedure, which is a form of cooperation between the Court of Justice and national courts and is therefore of fundamental importance for the protection of rights derived by individuals from EU law. The issue of the rule of law in the Member States from the perspective of the requirements imposed by EU law regarding the independence of the national judiciary is also the subject of the analysis during the course. In this respect, issues such as judicial appointments and the disciplinary responsibility of judges are discussed.
The following issues are covered: the structure of the EU judicial protection system; the principle of effective judicial protection; the principle of procedural autonomy and its limits; the principles of the application of EU law by national courts; the independence of national courts; the preliminary ruling procedure; direct actions before the CJEU; the application of interim measures by the CJEU and national courts; the liability of the EU and Member States for infringements of EU law.