Pravo na delotvoran pravni lek u svetlu novije prakse Suda pravde Evropske unije

Ćorić, Vesna (2014) Pravo na delotvoran pravni lek u svetlu novije prakse Suda pravde Evropske unije. Pravni život (12). pp. 371-386. ISSN 0350-0500

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Abstract

This article examines the problems related to the application of the the right to an effective remedy in the judicial system of the European Union after the Lisbon Treaty came into the force. The analysis of the issues pertaining to the application of the right to judicial access in the judicial system of the European Union is also provided, as this right is inexorably linked to the right to an effective remedy. When it comes to the effective protection of the right to an effective remedy and the right to judicial access, the Treaty of Lisbon and the Charter of Fundamental Rights of the European Union introduce the important developments. Nevertheless, this paper argues that currently there are certain deficiencies within the European Union judicial system, which can be successfully eliminated through the adequate legal amendments as well as thorugh the improved approach that Court of Justice of the European Union should take in its jurisprudence. More specificaly, a critical assessment of the problems related to the application of Article 47 of the Charter of Fundamental Rights of the European Union, as well as pertaining to Article 19 of the Treaty on European Union, and Articles 263 and 265 of the Treaty on the Functioning of the European Union is given, placing a particular emphasis on the gaps that are created as the consequence of the incompleteness of the protection provided by the action for annulment and the action for failure to act, which are guaranteed under Article 263 and Article 265 of the Treaty on Functioning of the European Union respectively.

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