Open AccessEffective judicial protection in the light of the judgement of the CJEU of 29 July 2019, Alekszij Torubarov vs. Bevándorlási és Menekültügyi Hivatal, C-556/171
Author(s) -
Przemysław Ostojski
Publication year - 2019
Publication title -
nieruchomości@
Language(s) - English
Resource type - Journals
eISSN - 2719-8030
pISSN - 2657-8247
DOI - 10.5604/01.3001.0013.5917
Subject(s) - judgement , political science , legitimacy , law , european court of justice , legislation , economic justice , state (computer science) , charter , position (finance) , member state , preliminary ruling , law and economics , member states , european union law , business , sociology , european union , finance , algorithm , politics , computer science , economic policy
The article deals with the enforceability of the individual’s guarantee of an effective remedyin administrative court proceedings, in accordance with Article 47 of the Charter. The text seeksto demonstrate the legitimacy of the position of the Court of Justice of the EU, which has takenthe view that the considerations of protection of the individual’s fundamental rights require,in a case such as the one at issue, that an administrative court of a Member State, irrespectiveof the existence of legal grounds in its national legislation, should deliver a decision amendinga decision of a public administrative authority. Unlike most European legal systems, Polish lawdoes not provide for the possibility of a reform ruling in such a case, while taking into accountall the factual and legal circumstances of the case ex nunc.