ALESSANDRA FAVI, ‘Remedial autonomy’ of the Member States vs. effectiveness of judicial protection: some remarks on the IG judgment of the ECJ in case C-289/21

ABSTRACT – The IG judgment issued by the ECJ (case C-289/21) is part of the delicate relationship between the so-called “remedial autonomy” of the Member States and its limits deriving from EU law. In particular, the analysis focuses on the principle of effectiveness, which has been assessed by the ECJ taking into account the adequacy of national remedies to allow the applicant, directly or indirectly, to obtain the protection sought by bringing an action for the annulment of a national act in contrast with EU law before national courts. Some reflections have then been made concerning the relationship between the principles involved, in particular on how the principle of effectiveness is interpreted and applied by the ECJ in order to ensure the fundamental right of individuals, enshrined in Art. 47 of the Charter, to an effective remedy. Finally, the implications of such a preliminary ruling have been taken into consideration in relation to the national proceedings concerning State liability for a breach of EU law for a decision of a court adjudicating at last instance.



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