Of rights, remedies and procedures

Summary:

Procedural autonomy of Member States in the enforcement of Community law, in relation to claims brought by private parties before national courts, remains a controversial subject. The author focuses not on (Community) supremacy versus (Member States') autonomy, but effective judicial protection of Community rights (i.e. rights which individuals derive from Community law) and uniform application of Community law in all Member States. The article seeks to analyse how such effective and uniform judicial protection can be optimally achieved taking into account the fact that, in the absence of uniform Community rules, it is for the Member States to provide remedies and procedures for the protection of Community rights.