Law
Christina Last
Garantie wirksamen Rechtsschutzes gegen Maßnahmen der Europäischen Union
Zum Verhältnis von Art. 47 Abs. 1, 2 GRCh und Art. 263 ff. AEUV
[The Right to an Effective Remedy Against Acts of the European Union. The Relationship between Article 47, Sub-Sections 1, 2 of the Charter of Fundamental Rights and Article 263 of the Treaty on the Functioning of the European Union.]
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Published in German.
With the insertion of the Charter of Fundamental Rights and Article 47 thereof in particular, the European right to an effective remedy will be part of the future written primary law according to Article 6 EU. Christina Last deals with the theoretic structures of this fundamental right, its basic statements and its relationship to the provisions of primary law, which contain the rules of procedure at the European Court of Justice. Her insight that the procedural rules are destined to activate the right to an effective remedy without extending the Union's powers determinates the interpretation of the former provisions. Using the individual action for annulment, which will be amended in future primary law, as an example, the author explains the effects of this interpretation. In doing so, she shows possibilities of improving the legal protection of the individual against acts of the European Union within the legal protection system.