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Publishers Abstract:
The issue of effective judicial protection concerns not only the jurisdiction of the EU courts, but also the basic issues of the legal nature of the Third Pillar and the legal effect of Third Pillar measures. This paper therefore considers the effectiveness of judicial protection within the Third Pillar as it has been shaped to date by, in particular, the Court of Justice. To this end, an analysis is presented in this paper of the following subjects: the jurisdiction of the EU courts over Third Pillar matters; the legal effect of Third Pillar matters in the national legal order; and the application of the general principles of law to the Third Pillar. In the Pupino judgment, the Court stated at paragraphs 19 and 28 that, due to the reference to the Court's EC Treaty jurisdiction in Article 46(b) TEU, the system under Article 234 EC is capable of being applied to Article 35 TEU, subject to the conditions laid down in Article 35.
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