The role of the national judge. Procedural autonomy of Member States. Principles of effectiveness and equivalence. - selected case law of the Court of Justice of the European Union -

JURISPRUDENȚA CURȚII EUROPENE A DREPTURILOR OMULUI

Abstract

According to settled case-law, it is for each Member State to designate the competent courts and determine the procedural arrangements for court proceedings in order to ensure compliance with Union law. The principles of equivalence and effectiveness are the corollary of Member States' procedural autonomy. Compliance with the first principle implies that national procedural rules should apply equally to actions based on an infringement of Union law and actions based on an infringement of national law which have a similar subject-matter and cause of action. The principle of effectiveness implies that national procedural rules defined by Member States should not make it practically impossible or excessively difficult to exercise rights conferred by the Union legal order.

The selection of case law below reveals the reflection of these principles in relation to certain obligations of the national court which the Court of Justice of the European Union has retained in order to answer the preliminary questions referred to it.

Keywords: role of the judge, procedural autonomy, principles of effectiveness and equivalence, Court of Justice of the European Union