The Right to an ‘Effective Judicial Remedy’ and the Changing Conditions of Implementing EU Law

One of the key principles of law allowing for the development and consequent enforcement of EU law in the past decades is the right to an effective judicial remedy. This working paper summarises its effects, outlines its main sources, its scope of protection, its limits and some future challenges to its application within the EU’s complex system of implementation of EU law. The special difficulties for a system of remedies arises from the parallel existence of implementation of EU law by Member States bodies mostly undertaken in horizontal cooperation with other Member States and vertically with EU institutions bodies and agencies. This cooperation is often highly proceduralised which makes it challenging to identify responsibilities and thus allocate remedies.